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Law Assessment Answer
Assignment Task:
Assessment 1: Part B
Consider the following hypothetical scenario:
The Minister for Transport of the Northern Territory Government, responding to publicity in regards to the very high death toll on NT roads, introduced the
Dangerous Driving Prevention Bill
to Parliament on the 22 January 2019. In the second reading speech she said:
There were far too many road fatalities last year in the Northern Territory and this government is committed to cutting the number of deaths on our roads. We have consulted widely with police, experts, motorists and the general public about road safety and we are satisfied that this bill will achieve its aims. The bill imposes tough penalties on people who drive in a dangerous or life-threatening manner. It also makes the obstruction of police or emergency vehicles assisting people who have been seriously injured in a road accident a criminal offence. There is no excuse for dangerous driving and by introducing tougher penalties for breaches under this Act we aim to significantly increase safety on our roads.
The bill was passed the same day and gained assent from the Administrator on 28 January 2019. The legislation was published in the
Government Gazette
on 4
th
February 2019 as follows:
Dangerous Driving Prevention Act 2019
PART I- PRELIMINARY
Object
An act to prevent life-threatening behaviour on the roads of the Northern Territory.
Definitions
For the purposes of this act:
Emergency Services worker means a front-line employee of the police, ambulance and fire service.
Public road includes any road whatsoever that is accessible to vehicles.
Vehicle means any car, motorcycle, truck, bus or another mode of transport.
PART II- OFFENCES
Dangerous Driving
Any person who operates a vehicle on a public road in a dangerous manner is guilty of an offense.
Penalty- $10 000 fine or up to 1-year imprisonment
Obstructing Police
Any person who obstructs Emergency Services workers attending an accident in the vicinity of a public road is guilty of an offense.
Penalty- $10 000 fine or up to 1-year imprisonment
Alex Case Study
consider the application of the Dangerous Driving Prevention Act to the following hypothetical scenario:
On 4
th
February 2019 at 11.00 am Alex was riding her bicycle along a popular paved walking track listening to music on her earphones. She was riding very fast, ducking and weaving around other people on the track. She sped around a blind corner and collided with an elderly woman, knocking her to the ground. The woman was knocked out cold and a couple of bystanders came over and tried to revive her. One called the ambulance when it became clear her condition was serious. Half an hour later the medics arrived, driving their ambulance far along the track, right up to the accident. Soon after, the police arrived behind them.
The woman was loaded into the ambulance and the police asked Alex to come with them to the station. Alex refused and dropped her bicycle and ran. Unfortunately, she had dropped her bicycle in the middle of the track blocking the ambulance from leaving. The police chased and eventually caught Alex. They took her to the station. Alex was charged under s3 and s4 of the
Dangerous Driving Prevention Act
for the events of that day. She was not charged with any other offence.
Your task:
You are Alexs lawyer. Using IRAC and the principles of statutory interpretation, outline the submissions you will make on Alexs behalf.
Refer to statutory interpretation law only; do not refer to principles of criminal law, constitutional law, sentencing law or any other kind of law.
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