Ministry of Transport v Strong - [1987] 2 NZLR 295

Transport and transport licensing — Offences — Breath and blood alcohol prosecutions — Driving under the influence of drink — Refusing to give specimen of blood — Mens rea — Whether informant required to prove mens rea as an essential element of each offence — Transport Act 1972, ss 58(1)(c) and 58C(1)(b).

Transport and transport licensing — Offences — Breath and blood alcohol prosecutions — Defence of automatism — Motorist charged with driving under influence of drink and refusing to give blood specimen; claimed he could remember nothing following accident but called no medical evidence in support — Whether defence of automatism available on such charges — Whether as a matter of law defence had been established — Transport Act 1972, ss 58(1)(c) and 58C(1)(b).