The Court: Ringwood Magistrates Court
The Lawyer: Michelle Pavlica
The Charges:
The Allegations:
The client was on the Sex Offender Register, and his obligations included reporting to police regularly.
During the client’s first reporting session, he informed the interviewing officer that he was in the process of renewing his passport but had not yet received the new official document. He provided his old passport number. In due course, he received his new passport. Unaware that a new passport has a new number, the client did not report this new number to the police. He was subsequently charged with Failing to Comply with his Reporting Obligations.
The client participated in a formal Record of Interview with the police regarding the failure to report. He indicated that he was unaware that a passport number changes when you renew a passport. The interviewing officer conceded in the interview that he understood how the client could make that mistake.
At Court:
After reading the brief, taking instructions, and listening to the Record of Interview, it could clearly be established that the client genuinely believed the passport number didn’t change upon renewal. Looking at the facts and the investigating officer’s own concession during the interview, there was a strong case that the omission was certainly an understandable error. This meant a potential defence of Honest and Reasonable Mistake was open to the client.
Our solicitor prepared written submissions and forwarded these to the prosecutor’s office, which outlined that the client may have a potential defence of honest and reasonable mistake of fact regarding the passport number.
The Outcome:
The prosecution agreed to withdraw the charge against the client, and a formal application to withdraw the charge was made in court on the first mention date of the matter. This was an excellent outcome as the client was saved the stress and expense of running the matter to a contested hearing.
