Going to Court? Book Your Free First Appointment
(02) 9261 8881
Book a Lawyer

Saved Pages

Save pages and articles you’re most interested in to read later on.

Honest and Reasonable Mistake

Honest and Reasonable Mistake is a defence to ‘strict liability’ offences which are offences for which the prosecution does not need to prove that you acted with a level of negligence, recklessness or intent.

Strict liability offences include:

  1. Speeding
  2. Drink or Drug Driving, and
  3. Driving whilst unlicensed, suspended or disqualified

You are not guilty of these offences if you are able to prove, ‘on the balance of probabilities’, that:

  1. You were honestly mistaken about a fact which is part of an essential ingredient of the offence, and
  2. Your mistake was reasonable in the circumstances

The defence may be appropriate to use where:

  1. Your speedometer was registering below your vehicle’s actual speed and you genuinely and reasonably believed you were traveling below the speed limit
  2. You smoked cannabis and still had the substance in your system many days later after receiving advice it should not still be there
  3. You inhaled second-hand cannabis smoke but did not know, and could not have known, the drug was in your system
  4. Your food or drinks were ‘spiked’ and you were genuinely unaware that you had drugs or alcohol in your system, or you thought you were fatigued or tired rather than affected, and
  5. Where you were driving whilst suspended but you did not know, and could not reasonably have known, about the licence suspension

What Our Clients Say SEE ALL

  • ★★★★★
    〉Aiden H. 12 hours ago

    Sydney Criminal Lawyers helped me achieve the best possible outcome when my previous law firm could not

    Sydney Criminal Lawyers helped me achieve the best possible outcome when my previous law firm…

  • ★★★★★
    〉Cameron M. 2 days ago

    Communication was clear and professional

    Fahim Khan of Sydney Criminal Lawyers recently represented my partner. His communication was clear and…

  • ★★★★★
    〉Kat S. 5 days ago

    Professional in his communication

    I am extremely grateful to Fahim Khan from Sydney Criminal Lawyers for his incredible dedication…

  • ★★★★★
    〉Tank S. 7 days ago

    Guided me towards a positive outcome

    I got a better result that what I had anticipated, as my case was dismissed.…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)