The defendant was charged with driving a motor vehicle left of centre while upon a curve in the roadway, contrary to section 149(1)(a) of the Highway Traffic Act.
The defendant admitted to crossing into the opposing lane but claimed the conduct was involuntary due to a sudden episode of sneezing and watery eyes caused by allergies.
The court found that the defendant's testimony regarding the involuntary nature of his conduct was not sufficiently compelling and did not raise a reasonable doubt as to voluntariness.
The court determined that the actus reus of the strict liability offence was established beyond a reasonable doubt and found the defendant guilty.
The defendant did not establish a defence of due diligence.
