Chandiran v R [2022] NSWDC 576

District Court New South Wales

Medium Neutral Citation: Chandiran v R [2022] NSWDC 576 Hearing dates: 12 October 2022 Date of orders: 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Appeal allowed. (2) I set aside the conviction and the penalty imposed by the magistrate. Catchwords: CRIME – criminal liability – absolute liability – strict liability – availability of defence of honest and reasonable mistake of fact TRAFFIC LAW AND TRANSPORT – traffic law – offences – liability for offences – drive with a prescribed illicit drug in oral fluid Legislation Cited: Road Transport Act 2013 Road Transport (Safety and Traffic Management) Act 1999 Cases Cited: Beattie v Potts [2015] ACTSC 350 Director of Public Prosecution v Bone (2005) 64 NSWLR 735 He Kaw The v The Queen (1985) 157 CLR 523 Proudman v Dayman (1941) 67 CLR 536 Category: Principal judgment Parties: Niteshwaran Chandiran (Appellant) Rex (Crown) Representation: Counsel: B Green (Appellant)

Solicitors: Swan and Associates (Appellant) Office of Director of Public Prosecutions (Crown) File Number(s): 2022/185833 Publication restriction: None Decision under appeal Court or tribunal: Newtown Local Court Jurisdiction: Local Court Date of Decision: 8 June 2022 Before: Acting Magistrate M Price