Senior Associate in Criminal Law, Suzanne Martinez, recently represented client charged with failing to comply with a direction to produce evidence of entitlement to a concession ticket. This was in circumstances where the client had produced evidence, being an email from Transport for NSW, confirming the client was entitled to a concession ticket. The client just did not have the physical train concession ticket yet.
Transport for NSW had updated their Opal Terms of Conditions gazetted in the legislation to clearly prescribe that a physical Transport Concession Entitlement Card must be carried as proof of entitlement.
However, his Honour was ultimately persuaded in the circumstances of our client’s case, that the client had made an honest mistake, that was reasonable, and was a mistake of fact versus law (which would not excuse the client from liability), being – as we submitted – that the email from TfNSW confirming his eligibility for a Concession Entitlement Card was the equivalent of carrying a physical concession card.
His Honour noted generally that this case raised matters of public importance as he considered there would be limited community awareness of the gazetted Opal terms and conditions. This is of particular importance for commuters with limited English.
Going to court? Book a free no obligation consultation by calling 02 4324 5688 to discuss your matter with our expert criminal lawyers.
