Driving Offences Flashcards
What are the aggravating factors for dangerous driving?
52A
(a) the prescribed concentration of alcohol was present in the accused’s breath or blood, or
(b) the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or
(c) police pursuit
(d) impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).
WHAT IS Gillette case
GILLETTE was subject to regular seizures. He had a crash which resulted in the death of a person.
Court ruled :This was a risk which was over and above that ordinarily associated with driving a motor vehicle
What is the case of R v Jimenez
Australian High Court, which holds that people can not be charged for involuntary acts such as sleep
