There is a complex question as to whether the defense of 'mistake' applies to crimes that do not specify a mental element – such as strict liability offences and manslaughter by criminal negligence. In Australia, the High Court's 2005 ruling in "R v Lavender" prevents the use of any 'reasonable mistake of fact' defense in cases of involuntary manslaughter. However, the defense of mistake "is" available to offences of strict liability such as drunk driving: see "DPP v Bone" NSWSC 1239. And it is the very availability of the defense of 'mistake' that distinguishes between offences of strict and "absolute" liability. Mistake of fact is unavailable in respect to absolute liability offences.