P3 SG5 Flashcards
Reportable Death.
A death must be reported to the state coroner where the following have occurred…
List 10
(UUVUU. While. While. While. When. On. CPA. MHA. SRFA. Hospital. Hospital drug addiction.)
- Unexpectedly, Unusually or by a violent, unnatural or unknown cause.
- While in custody.
- On a flight or voyage to South Australia.
- When a cause of death was not certified by a doctor.
- While the deceased was a protected person.
- While the deceased was under a custody or guardianship order under the Children’s Protection ACT.
- While the deceased was a patient in an approved treatment centre under the Mental Health Act.
- While the deceased was a resident of a licensed supported residential facility under the Supported Residential Facilities act.
- While the deceased was in a hospital or other facility being treated for a drug addiction.
- Within 24 hours of being discharged from a hospital or having sought emergency treatment at a hospital.
Coronial Investigation and the role of police
SAPOLS role in relation to a Coronial Investigation conducted by police is…
(CIDECI)
- Exhibits (safekeep property)
- determine if there are any suspicious circumstances.
- Certify that death has occurred
- Investigate the manner and cause of death
- identify the body of the deceased.
- collect and provide information to the coroner relating to the cause and circumstances surrounding the death.
Sudden death documentation
- PD63 - Coroners brief cover
- PD44 - report of death
- Identification statement / ID proforma
- Statement of last person to see deceased alive
- Statement of person finding deceased.
- Statement of investigating officer which will include life extinct details from either;
A certifying medical practitioner
SAAS patient form which has been endorsed by a SAAS paramedic certifying life extinct.
Coroners Authorities
S.83C (1) Summary offences act - Authority to enter premises
A senior police officer…
A senior police officer (inspector or above) may authorise police to:
- Enter a premises on the grounds that an occupant of the premises has died and their body is in the premises
- That an occupant of the premises is in need of medical attention or other assistance.
Dangerous driving - S.45 Road Traffic Act - Careless driving
A person must not drive….
And three distinct offences are, Driving without…?
A person must not drive a vehicle without due care or attention or without reasonable consideration for other persons using the road.
There are three very distinct offences in this section.
Driving without:
Due care
Due attention
Reasonable consideration (for other road users)
S.45A Road Traffic Act - Excessive Speed
A person who drives….
A person who drives a vehicle at a speed exceeding, by 45km/h or more, a speed limit that applies under this act or the motor vehicles act 1959 is guilty of an offence.
S.46 Road Traffic Act - Reckless and Dangerous Driving
A person must not drive…
3 distinct offences…
A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to any person.
There are three very distinct offences in this section.
Drive recklessly
Speed dangerous
Manner dangerous
In considering whether an offence has been committed under S.46 RTA - Reckless and dangerous driving, the court must have regard to - …(4)
- The nature, condition and use of the road on whihc the offence is alleged to have been committed; and
- The amount of traffic on the road at the time of the offence; and
- The amount of traffic which might reasonably be expected to enter the road from other roads and places; and
- All other relevant circumstances, whether the same nature as those mentioned or not.
S.44B Road Traffic Act - Misuse of Motor Vehicle
A person misuses a MV if the person….
A person misuses a motor vehicle if the person -
- operates a motor vehicle so as to produce sustained wheel spin; or
- drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or
- drives a motor vehicle onto an area of park or garden or other road related area so as to break up the ground surface or cause other damage.
S.19AD Criminal law consolidation act - Street Racing
A person who participates in a street race….
And explain what participates in a street race or preparations for a proposed street race means (3 things)
A person who participates in a street race or in preparations for a proposed street race is guilty of an offence.
A person participates in a street race or preparations for a proposed street race, if the person -
- Drives a motor vehicle in the street race; or
- Promotes, or assists in the promotion of, the street race or proposed street race in any way; or
- engages in any other conduct that assists, or is intended to assist, in the street race or proposed street race taking place.
Drink and Drug Driving (DUI and PCA)
S.47E Road Traffic Act - Police may require alcotest or breath analysis
A police office who believes…
A police officer who believes on reasonable grounds that a person -
- Is driving or has driven a motor vehicle
- Is attempting or has attempted to put a motor vehicle in motion.
- Is acting or has acted as a qualified supervising driver.
The police officer may require the person to submit to an alcotest or BA or both.
Explain Random Testing Powers
Police officer exercises random powers if they require a person to submit to an alcotest/BA or direct a person driving a motor vehicle to stop for the purpose of an Alcotest/BA, other than in Prescribed Circumstances.
What are the prescribed circumstances in relation to Alcotesting/BA testing drivers of a motor vehicle
Police officer beleives on reasonable grounds that the driver of a vehicle has within the preceeding 8 hours;
- committed an offence of a prescribed class
- behaved in a manner that indicates the driving ability is impaired
- been involved in an accident.
May require the person to submit to an Alcotest / BA or both.
S.47E Road Traffic Act - Refuse or Fail Alcotest / BA
A person must not refuse…
Defences to this section…
A person must not refuse or fail to comply with reasonable direction given by police and must not refuse or fail to comply with alcotest or BA.
Defences to this section include:
- Requirement / direction NOT lawful
- Outside time (over 8 hours)
- Instrument not produced
- Good cause (medical/physical grounds)
S.47 Road Traffic Act - Driving under the influence (DUI)
A person must not drive a vehicle…
A person must not drive a vehicle, or attempt to put a vehicle in to motion while so much under the influence of an intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle.
