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Dangerous Navigation Occasioning Death is an offence under Section 52B of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘vessel’ means a water craft of any description that is used, or capable of being used, as a means of transportation on water.
An ‘impact’ is that which occurs through:
The maximum penalty increases to 14 years in prison where the offence occurred in ‘circumstances of aggravation’ which is where:
A PCA is a reading of at least 0.15.
You are presumed to have been under the influence of alcohol where you had the PCA in your breath or blood.
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 of impact.
A defence to the charge is that the death was not attributable in any way to:
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