Tag: intoxication

Drinking & driving – no honest and reasonable mistake

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Offences under s 49(1)(f) of the Road Safety Act 1986 are absolute liability offences. The assertion of a claim of honest and reasonable mistake has no effect against such a charge: Skase v Holmes (Unreported, Supreme Court of Victoria, 11 October 1995, Vincent J). In that case, Vincent J aligned drink-driving with the offences of …

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Reckless intoxication

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Edit: Later, in R v Robazzini [2010] VSCA 8, the Court of Appeal considered argument that different drugs prevented earlier instances of drug-fueled violence as laying an adequate foundation for using voluntary pre-offence intoxication as an aggravating feature.Neave JA, 57 In my opinion his Honour correctly treated the appellant’s drug taking as an aggravating factor. …

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