Elements of Offences Driving, DV, Larceny.

Question 1

S. 117(1) RTA – Negligent Driving – “Neg Driving”.

Answer 1

• The accused.
• Drove a motor vehicle.
• On a road or road related area.
• Negligently (3 levels):
o (A) occasioning Death
o (B) occasioning GBH
o (C) neither GBH or death (the most common charge).

Question 2

S. 117(2) RTA – Furious, Reckless Driving and

Speed/Manner Dangerous.

Answer 2

• The accused.
• Drove a motor vehicle.
• On a road or road related area.
o furiously or,
o recklessly or,
o at a speed dangerous to the public or,
o in a manner dangerous to the public.

Question 3

S. 118 RTA – Menacing Driving – ‘Low Range’ road rage.

Answer 3

• The accused.
• Drove a motor vehicle.
• On a road or road related area.
• In a manner that would:
o (1) intentionally menace - INTENTIONAL.
o (2) conduct likely to menace - POSSIBLE.
• Another person.
• Whether or not the person is:
o menaced by threat of personal injury.
o menaced by threat of damage to property.
o on a road.

Question 4

S. 51A CA – Predatory Driving – ‘High Range’ road rage.

Answer 4

• The accused.
• Drove a vehicle (s. 52A(9) CA definition).
o in pursuit of another vehicle or,
o travelling near another vehicle.
• And engaged in conduct which caused or threatened to cause an impact:
o with any other vehicle/person/object or,
o by overturning or leaving a road.
• With the intention of causing another person ABH.

Question 5

S. 52A CA – Dangerous Driving Occasioning GBH or Death:

Answer 5

• Driver.
• Vehicle.
• Involved in an impact.
• Occasioning death or GBH.

AND at the time of the impact, was driving:
• Under the influence of intoxicating liquor or drug, OR
• At a speed dangerous to another person/s, OR
• In a manner dangerous to another person/s.

– This offence is not restricted to driving on the road.

Question 6

S. 13 CDPVA – Stalking or Intimidation.

Answer 6

• The accused.
• Stalks or intimidates the victim.
• With intent to cause fear of physical or mental harm.

– Includes those in domestic relationships.
– Intention includes conduct not intended but ‘likely’ it could
cause fear.
– Prosecution not required to prove actual fear by the victim.

Question 7

S. 61N CA – Act of Indecency:

Answer 7

• The accused.
• Committed an act of indecency.
• With or towards another person.

– An underlying sexual theme, usually associated with
masturbation.
– Does not matter if genitalia exposed. A person could grab
their penis and say “suck on this!
– Reasonable person would view as contrary to community
standards or decency.

Question 8

S. 61L CA – Indecent Assault:

Answer 8

• The accused.
• Assaults the victim, and
• At the time of the assault, immediately before or after
• Commits an act of indecency on or in the presence of the
victim.

– No pain or injuries required to prove the offence of common assault or indecent assault.

Question 9

S. 61I CA – Sexual Assault:

Answer 9

• The accused.
• Had sexual intercourse with another person, and
• That sexual intercourse occurred without the consent of the other person, and
• The accused knew or was reckless to the lack of consent of the person.

Question 10

S. 4(1) SOA - Offensive Conduct:

Answer 10

• The accused.
• Conducted him/herself.
• In an offensive manner.
• In, near or within viewing or hearing of a public place or school.

Question 11

S.5 SOA - Obscene Exposure:

Answer 11

• The accused.
• Wilfully and Obscenely.
• Exposed his/her person (deliberately).
• In or within view of a public place or school.

Question 12

S117(2) RTA - Manner/Speed Dangerous Elements:

Answer 12

• Driver.
• Motor vehicle.
• Road/road related area.
• Drive in manner dangerous, OR
• Drive at a speed dangerous to the public.

Question 13

S117(1) - Negligent Driving Elements:

Answer 13

• The accused.
• Drove.
• Motor vehicle.
• Road/road related area.
• Negligently.