Driving while disqualified (Section 32(1)(a) Land Transport Act 1998)

[Note: If the defendant is being tried for his or her third or subsequent offence against subsection (1), the Crown is required to prove the previous two or more convictions beyond reasonable doubt. However, this issue is determined by the Judge: see Criminal Procedure Act 2011, ss 108 and 145.]

Charge 1: Driving while disqualified under section 32(1)(a) of the Land Transport Act 1998

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. This is called the standard of proof. It means that you must be sure that each element is proved.

1.	Are you sure that the Subaru vehicle with the registration plate BME133 was driven on Beach Road at about 12.30am on 30 January 2019?
	[Note: In most cases, it will be undisputed that the defendant was driving on a road. Where there is an issue as to whether what the defendant was driving on constitutes a “road”, this is likely to be an issue which the trial judge should hear argument on and determine. In doing so, the trial judge should have recourse to the definition in s 2.] If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that it was Mr Smith who was driving the Subaru vehicle with the registration plate BME133 that was stopped by Constable Allen at about 12.30am on 30 January 2019?
	[Note: In most cases, it will be undisputed that the defendant was driving a motor vehicle. Where there is an issue as to whether what the defendant was driving constitutes a “motor vehicle”, this is likely to be an issue which the trial judge should hear argument on and determine. In doing so, the trial judge should have recourse to the definition in s 2.] If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith had been disqualified from holding or obtaining a driver’s licence on 16 August 2018 for a period of one year?
	If no, find Mr Smith not guilty. If you answer yes in circumstances where Mr Smith’s knowledge of disqualification is at issue, go to question four. If it is not at issue, find Mr Smith guilty.
4.	Are you sure that Mr Smith knew that he had been disqualified from holding or obtaining a driver’s licence on 16 August 2018 for a period of one year?
	[Note: Knowledge of the disqualification order is assumed in the absence of evidence suggesting otherwise. Therefore, this issue will only need to be put to the jury where the defendant has pointed to some evidence to raise the issue. If there is such evidence, the Crown is required to prove knowledge beyond reasonable doubt] If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.