Driving & Traffic
15. Strict Liability Offences
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- Offences arising from a breach of the Road Rules 2008 (NSW) are generally classified as ‘strict liability’ offences.
- This means that in order to prove that you are guilty of the offence the police only need to show that you did the act or broke the Road Rules.
- It does not matter that you did not intend to speed or forgot to put your seatbelt on.
- For more serious offences the police need to provide the court with evidence to prove each element (part) of the offence you have been charged with.
- This evidence can be:
- a blood alcohol analysis;
- a statement from Roads and Maritime Services providing the date on which your licence was cancelled;
- a record of interview; or
- statements from witnesses who may have seen your driving.
- A lawyer is the best person to provide you with legal advice about what the police need to prove. You can find one near you by using our free Find a Lawyer directory.
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