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This is a Bill, not an Act. For current law, see the Acts databases.
CRIMINAL CODE AMENDMENT (HIT AND RUN AND OTHER ENDANGERMENT OFFENCES) BILL 2008
Serial 155
Criminal
Code Amendment (Hit and Run and Other Endangerment Offences) Bill
2008
Dr
Burns
A Bill for an Act to amend the
Criminal Code
NORTHERN TERRITORY OF
AUSTRALIA
Criminal Code AMENDMENT (Hit and Run
and Other Endangerment offences) ACT 2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act to amend the Criminal
Code
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Criminal Code
Amendment (Hit and Run and Other Endangerment Offences) Act
2008.
(1) Sections 3 and 4 commence on the day on which
the Administrator's assent to this Act is declared.
(2) The remaining provisions of this Act commence
on the date fixed by the Administrator by Gazette
notice.
This Act amends the Criminal Code.
After section 43AC, in Subdivision
1
insert
43ACA Law including
separate statement about fault elements
(1) This section applies to a provision of a law
that:
(a) creates an offence; and
(b) includes a separate statement:
(i) specifying the fault elements of the offence;
or
(ii) classifying the offence as one of strict
liability or absolute liability (and thus excluding fault
elements).
Example
See the statement under the heading "Fault
elements" in section 174FA(1).
(2) Part IIAA applies to the
offence.
Note
Part IIAA states the general principles of
criminal responsibility, establishes general defences, and deals with burden of
proof. It also defines, or elaborates on, certain concepts commonly used in the
creation of offences (for example, see the extended meaning given to the concept
of recklessness in section 43AK(4)).
(3) If the statement identifies certain elements as
the fault elements of the offence:
(a) the fault elements so identified are the only
fault elements of the offence; and
(b) the statement operates to the exclusion of fault
elements that might otherwise be implied under provisions of this
Code.
Note
Accordingly fault elements that might otherwise
be implied under section 43AM are excluded by the
statement.
(4) If the statement classifies the offence as one
of strict liability, section 43AN(1) applies to the offence.
(5) If the statement classifies the offence as one
of absolute liability, section 43AO(1) applies to the offence.
After section 174F, in Subdivision
2
insert
(1) The driver of a vehicle is guilty of a crime
if:
(a) the vehicle is involved in an incident that
results in the death of, or serious harm to, a person; and
(b) the driver fails to:
(i) stop the vehicle at the scene of the incident;
and
(ii) give any assistance to the person that is
reasonable in the circumstances.
Fault elements:
The driver knows, or is reckless as to whether or
not:
(a) the vehicle is involved in an incident;
and
(b) the incident results in the death of, or serious
harm to, a person.
Maximum penalty:
(a) Imprisonment for 10 years if the incident
results in the death of a person.
(b) Imprisonment for 7 years if the incident results
in serious harm of a person.
(2) In this section:
driver, of a vehicle, includes
a person who controls the vehicle (for example, the rider of a
motorcycle).
vehicle means any form of transport
that can be used on a road or track (for example, a car, trailer, bicycle, horse
or horse drawn carriage).
After section 180
insert
180A Endangering
occupants of vehicles and vessels
(1) A person is guilty of a crime
if:
(a) the person throws a thing, or directs a laser
pointer, at a vehicle or vessel; and
(b) the act mentioned in paragraph (a) gives rise to
a danger of harm to someone in or on the vehicle or vessel.
Fault elements:
The person:
(a) intentionally throws the thing or directs the
pointer; and
(b) knows, or is reckless as to whether or not, the
act gives rise to a danger of harm to someone in or on the vehicle or
vessel.
Maximum penalty: Imprisonment for 4
years.
(2) Subsection (1) applies whether or not the
vehicle or vessel is stationary and whether or not the thing or laser beam
reaches the vehicle or vessel.
(3) In this section:
laser pointer means a hand-held
battery-operated device that is:
(a) commonly known as a laser pointer;
and
(b) designed or adapted to emit a laser beam with an
accessible emission limit of greater than 1 mW.
throwing a thing includes dropping or
propelling the thing in any way.
vehicle means any form of transport
that can be used on a road or track (for example, a car, trailer, bicycle, horse
or horse drawn carriage).
Schedule
insert (in numerical order)
Section 174FA (Hit and run)
Section 180A (Endangering occupants of vehicles
and vessels)
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