Area of Law – Driving – Drink Driving Offences

An Article about Failure to specify correct location in charge sheet

Have you ever received a charge sheet for a drink driving offence, that does not correctly describe the location of the offence?

See the case of Day v County Court of Victoria and Hanson [2002] VSC 426. In that case the issue (amongst others) was whether a charge sheet was void due to not specifying the correct location of the alleged offence.

The Court following an earlier decision of Gigante v Hicks [2001] VSCA 4, ruled that the street location was not an essential element of the offence, and the charge not invalid for this reason. The Court compared an offence under s. 49(1)(b) and 49(1)(f) with other traffic offences which required the prosecution to prove as an element of the offence, that the driving occurred on a public road or highway. No such requirement is needed under either s. 49(1)(b) or s. 49(1)(f).

 

Date: 01/09/2009