Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 68
Criminal
Code Amendment Bill 2009
Mr
Giles
A Bill for an Act to amend the Criminal Code
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL CODE AMENDMENT ACT 2009
____________________
Act No. [ ] of 2009
____________________
Table of provisions
174FB Causing death or
serious harm through driving while affected by alcohol
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2009
____________________
An Act to amend the Criminal Code
[Assented to [ ] 2009]
[Second reading [ ] 2009]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Criminal Code Amendment Act 2009.
This Act commences on the date fixed by the Administrator by Gazette notice.
This Act amends the Criminal Code.
After section 174FA, in Part VI, Division 3A, Subdivision 2
insert
174FB Causing death or serious harm through driving while affected by alcohol
(1) A person is guilty of a crime if:
(a) the person (the driver) drives a motor vehicle; and
(b) a crash results from the driver breaching a road rule; and
(c) the crash causes death or serious harm to another person; and
(d) the driver:
(i) has a blood alcohol content of 0.15% or more; or
(ii) fails or refuses to comply with a requirement to submit to a breath analysis or provide a sample of blood.
Maximum penalty:
(a) Imprisonment for 10 years if the crash results in the death of a person.
(b) Imprisonment for 7 years if the crash results in serious harm of a person.
(2) A court which finds a person guilty of an offence under subsection (1) must sentence the person to a minimum period of imprisonment of 12 months.
(3) The court must also disqualify the person from obtaining a licence under the Motor Vehicles Act to drive a motor vehicle.
(4) The period of disqualification must run for a minimum of 12 months after the term of imprisonment imposed under subsection (2).
(5) In subsection (1):
crash, see the Australian Road Rules.
road rule means a rule in the Australian Road Rules forming Schedule 3 to the Traffic Regulations.
[Index] [Search] [Download] [Related Items] [Help]