JSB171 Lecture Notes - Lecture 1: Indictable Offence, Endangerment, Homicide
Document Summary
Write: the offence of drink driving is created in s 79 of the transport operations (road use. Management) act 1995 (qld) ( to(rum)"), which may be major or minor depending upon the accused"s blood alcohol level. Write: under to(rum) s 79, four elements must be satisfied to find that the accused has committed the offence of drink driving: was [accused] driving, putting in motion or in charge of the object? (a) drive: However, the common law establishes that a person is driving" where they have physical control over the movement and direction of the motor vehicle in a substantial sense" (mcnaughton v garland). The underlying notion of driving" is propulsion, that is, the driver must have control of moving the vehicle (mcgrath v cooper). Write: [accused] was driving as they were able to control the brakes and direction of the car, despite the fact that the engine was not engaged (allan v quinlan).