Criminal Law and Procedure: Charges, Punishments, and Reasoning

Criminal Law and
Procedure

Table of Contents
Letter of Advice...............................................................................................................................3
Charges............................................................................................................................................3
Punishments.....................................................................................................................................4
Reasoning.........................................................................................................................................5
Second Document............................................................................................................................6
REFERENCES................................................................................................................................9

Letter of Advice
Charges
The charges which will applicable in this case study are:-
1. Section 117 of the Road Transport Act 2013, talks about Negligent, Furious and Reckless
Driving.
2. Section 117 (1) (a) of the Road Transport Act 2013, contains the negligent act cause
Death. The prosecution have to prove on reasonable doubt that, the person drives a motor
vehicle, the person drives that vehicle negligently and as the result it cause death to
another person1.
3. Section 117 (1) (c) of the Road Transport Act 2013, talks about negligent driving.
The burden of proof is on prosecution and they have to prove it beyond reasonable doubt
that : the person drives the motor vehicle and that person drives it negligently.
4. Section 79 of The Transport Operations Act 1995, it is mentioned that any person under
the influence of liquor or a drug drives a motor vehicle or attempts to put a motor vehicle
in motion or is in charge of a motor vehicle is being guilty of an offence and liable for
penalty.
5. Section 78 of The Transport Operations Act 1995, it is mentioned that a person should
not drive motor vehicle on a road until and unless that person hold a driver licence which
authorises to drive a vehicle on the road.
6. Section 19 of The Road Transport (Alcohol and Drugs) Act 1997, mention that a person
drives motor vehicle with a concentration of alcohol in blood and breath which is more
than 0.05g per 100mL of blood, if he is a special driver; or, if a person other than special
1 "AUSTRALIA: CRIMINAL PROCEDURE" (2020) 33(2)