Smoking in Cars with Children (Prohibition) Act 2011 (ACT)

In the case of R v Brown [2025] ACTSC 56, the respondent, Brown, was charged with contravening section 7 of the Smoking in Cars with Children (Prohibition) Act 2011 (ACT) by smoking in a vehicle while a child was present. The legal issues before the court were whether the respondent was guilty of the offence under the strict liability provisions of the Act, and if so, whether the evidence was sufficient to establish the offence. The court found that the respondent was indeed smoking in a vehicle with a child present, and that the offence was a strict liability offence under the Act. The court further held that the evidence was sufficient to establish the offence, as the appearance of the child being under 16 years of age was proof of the fact unless evidence to the contrary was provided.

The court noted that the respondent had the onus to provide evidence to rebut the presumption that the child was under 16 years of age. However, the respondent did not provide any such evidence, and the court was satisfied that the prosecution had discharged its burden of proving the offence. The court also considered the enforcement powers of police officers under section 8 of the Act and found that the officers had acted within their powers in requiring the respondent to stop smoking and provide identification. The court found the respondent guilty of the offence and imposed a penalty in accordance with the Act. The court ordered that the respondent pay a fine of 50 penalty units and that the conviction be recorded.