What is strict liability in traffic law?

Most traffic and transport offences in Queensland, such as speeding, running a red light, and driving with a relevant drug present, are “strict liability” offences.

This means that to secure a conviction, the police prosecution does not have to prove your “mens rea” (your guilty mind, or that you intended to break the law).

For example, if you were speeding because your speedometer was broken, or you tested positive for drugs because you didn’t realize a brownie contained cannabis, the court will still find you guilty because intent is irrelevant to the charge.

Your only primary defence is an honest and reasonable mistake of fact—which is a highly complex legal argument that requires experienced representation from our traffic team .