Save pages and articles you’re most interested in to read later on.
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:
Senior Criminal Lawyer Tuan Phan helped me get a No conviction and no fine for…
I highly recommend Mariecar Capili from Sydney Criminal Lawyers - her professionalism and attention to…
I recently had the pleasure of being represented by Mariecar Capili who successfully defend all…
Mariecar provided excellent guidance that allowed me to prepare submissions that properly represented my character,…