unit 1 area of study 2 crim B Flashcards

1
Q

motor vehicle

A

A motor vehicle is a vehicle propelled by a motor and is normally used on highway

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2
Q

driving

A

the vehicle isn’t fully operational
not propelled by own motor force
vehicle was stationary

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3
Q

culpable driving

A

recklessly
negligently
under influence of drugs or alcohol

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4
Q

recklessly

A

the driver is aware that there is a substantial risk that another person could die or GBH and yet disregard that risk

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5
Q

negligently

A

the driver fails to a high degree to observe the standard of care that a reasonable person would have observed in same situation

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6
Q

under the influence of drugs or alcohol

A

the consumption of the alcohol or drugs must render the driver incapable of properly controlling the vehicle

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7
Q

Culpable driving causing the death of a person

A

The prosecution must prove that the reckless or negligent act was a substantial and operating course of the victims death
The prosecution only needs to prove that that the accused was driving was a substantial and operating cause of the victims death, if they were affected by drugs or alcohol 

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8
Q

vic and NT stats for cupable driving

A

Vic: the number of recorded offences has stayed reltively stable per 100000
Nt: the number of recorded offences has increased significantly

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