Law and Policy Flashcards
Criminal procedure act 1986, section 283B
Written Statements; questions and answers. must have age must be endorsed. written in common language.
Criminal procedure regulation 2017, Clause 9J
Addresses and DOB and phone numbers not to be disclosed on written statements.
Criminal procedure regulation 2017, clause 9K
Signing of written documents/statements.
Road Rules 2014, rule 287 - must report to a police officer any crash where…? (3)
- anyone killed or injured
- a driver does not give their required particulars to anyone included in the crash, including owners of property.
- vehicle is towed away or carried by another vehicle
tow truck drivers must have…
- tow schedule
- towing authority
- drivers licence for that class of truck
- tow trucks drivers certificate
Road Transport Act section 108
Concentrations of alcohol in a person’s system via blood or breath.
also where the PCA ranges are held
Concentrations of blood -
Novice - 0.02grams of alcohol in 210 litres of breath or 100ml of blood. Special/prescribed - 0.05grams low range - 0.08grams mid range - 0.15 grams high range - more than 0.15grams.
Road Transport Act, section 110
Presence of prescribed concentration of alcohol in persons breath or blood
- PCA is dealt with under this section.
Road Transport Act, section 112.
Use or attempted use of any vehicle under the influence of alcohol or any other drug.
- DUI is dealt with under this section.
When we can’t breath test?
- Driver has been emitted to hospital
- any time after the expiration of 2 hours after the collision
- At the persons place of abode.
Questions after arrest and caution for intox…
- what time was your first/last drink
- how many drinks have you had?
- what size were your drinks?
- what type of drinks?
- where did you drink?
- did you eat anything while drinking?
Road Transport Act, schedule 3, division2, section 4…
Arrest following failed breath test
Legislation?
blood samples to be taken in hospitals from crash patients.
clause 11 RTA.
To have sampled blood tested for drugs you must satisfy the following criteria; (3)
- crash results in a fatality
- must have reasonable suspicion or evidence the driver was DUI.
- request to be forwarded to the blood sampling unit.
Road Transport Act 2013, section 117 and 117(2)
Negligent driving, and driving in a speed/manner dangerous to the public.
RTA - Section 118.
Menacing driving, intent to threaten but not harm.
Crimes Act - section 51A…
Predatory driving, intents to hurt, serious road rage.
Crimes Act - section 52(A) -
Dangerous driving occasioning death or GBH.
Crimes Act - section 52A(2) -
Aggravated dangerous driving occasioning death or GBH
Elements of section 52(A) Crimes Act - (Aggravated)
- Driver
- Vehicle
- Involved in an impact
- Occasioning death or GBH.
And at the time of impact…
- was under the influence of intoxicating liquor or drug
- at a speed dangerous to others
- in a manner dangerous to others.
Circumstances of aggravation (Driving offences)
- PCA of alcohol was (0.15 or higher) in the accused’s blood.
- accused was driving more then 45kph over speed limit
- escaping police pursuit
- ability to drive was substantially impaired by being under the influence of a drug.
Public place definition -
- whether or not covered by water
- open to the public, or used by the public.
- does not include a school.
Summary Offences Act 1988 (NSW).
Section 4(1) -
Section 4A(1) -
Section 5 -
- Offensive conduct.
- Offensive language.
- Obscene exposure.
Tests to determine offensive behaviour -
Subjective - POV of victim, offender, or anyone involved
Objective - 3rd person test, opinion of someone not involved.