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To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘vehicle’ is defined as:
An ‘impact’ is that which occurs:
It also includes where:
The maximum penalty increases to 14 years in prison where the offence is committed in ‘circumstances of aggravation’ which is where:
A ‘prescribed concentration of alcohol’ is a reading of at least 0.15.
You are presumed to have been under the influence of alcohol where you had the prescribed concentration of alcohol in your bloodstream.
A certificate of your alcohol or drug concentration is admissible as evidence as long as the analysis occurred within 2 hours after the impact, unless you are able to prove ‘on the balance of probabilities’ that the concentration was lower at the time impact.
A defence to the charge is that the death was not attributable in any way to:
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