(2) Evidence of intoxication For the purposes of
section 52B, evidence may be given of the concentration of alcohol present in
the accused's blood at the time of the impact occasioning death or
grievous bodily harm as determined by a blood analysis carried out in
accordance with Schedule 1 to the Marine Safety Act 1998 .
(3) Time of
intoxication A concentration of alcohol determined by the means referred to in
subsection (2) is taken to be the concentration of alcohol in the accused's
blood at the time of the impact occasioning death or grievous bodily harm--
(a) if the blood sample that was analysed was taken within 2 hours after the
impact, and
(4) Alternative verdicts If on the trial
of a person who is indicted for murder or manslaughter or for an offence under
section 54 the jury is satisfied that the person is guilty of an offence under
section 52B, it may find the accused guilty of the offence under section 52B,
and the accused is liable to punishment accordingly.
(5) Question of
aggravation If on the trial of a person for an offence under section 52B (2)
or (4) the jury is not satisfied that the accused is guilty of the offence
charged, but is satisfied on the evidence that the accused is guilty of an
offence under section 52B (1) or (3), it may find that the accused is guilty
of the offence under section 52B (1) or (3), and the accused is liable to
punishment accordingly.
(6) Double jeopardy This section does not take away
the liability of any person to be prosecuted for or found guilty of murder,
manslaughter or any other offence or affect the punishment that may be imposed
for any such offence. However, a person who--
(a) has been convicted or
acquitted of an offence under section 52B cannot be prosecuted for murder or
manslaughter or for any other offence under this Act on the same, or
substantially the same, facts, or
(b) has been convicted or acquitted of
murder or manslaughter or of any other offence under this Act cannot be
prosecuted for an offence under section 52B on the same, or substantially the
same, facts.
