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Legal Studies Exam Multis
brownie2829:
What did everyone put for the driver with high BAC that ended up being imprisoned? Wasn't total convinced of either summary or indictable
Lilabear123:
--- Quote from: brownie2829 on October 23, 2018, 12:13:42 am ---What did everyone put for the driver with high BAC that ended up being imprisoned? Wasn't total convinced of either summary or indictable
--- End quote ---
I'm fairly certain it's summary, as costs up to $10,000 are under the jurisdiction of the Local Court (summarily = no jury)
FutureLawStudent:
--- Quote from: Lilabear123 on October 23, 2018, 01:06:07 am ---I'm fairly certain it's summary, as costs up to $10,000 are under the jurisdiction of the Local Court (summarily = no jury)
--- End quote ---
--- Quote from: brownie2829 on October 23, 2018, 12:13:42 am ---What did everyone put for the driver with high BAC that ended up being imprisoned? Wasn't total convinced of either summary or indictable
--- End quote ---
The money was a distractor, and had nothing to do with it, as it wasn't a civil case (nor a criminal damage offence?). Drink driving is a strict liability offence, and thus is a summary offence.
Lilabear123:
--- Quote from: FutureLawStudent on October 23, 2018, 08:01:16 am ---The money was a distractor, and had nothing to do with it, as it wasn't a civil case (nor a criminal damage offence?). Drink driving is a strict liability offence, and thus is a summary offence.
--- End quote ---
I don't think the money didn't have anything to do with it:
In the local court, civil cases are dispute about money or property, such as:
loan agreements
unpaid bills
damages from a motor vehicle accident
services paid for and not provided
property not returned
The NSW Local Court deals with civil disputes for claims up to $100,000.
The local court has two divisions to determine civil cases; the Small Claims Division hears claims up to $10,000 and the General Division hears claims over $10,000 (up to $100,000).
splimestudios:
--- Quote from: Lilabear123 on October 23, 2018, 10:03:04 am ---I don't think the money didn't have anything to do with it:
In the local court, civil cases are dispute about money or property, such as:
loan agreements
unpaid bills
damages from a motor vehicle accident
services paid for and not provided
property not returned
The NSW Local Court deals with civil disputes for claims up to $100,000.
The local court has two divisions to determine civil cases; the Small Claims Division hears claims up to $10,000 and the General Division hears claims over $10,000 (up to $100,000).
--- End quote ---
I think the question asked for what charge he was CONVICTED of, so I think in that sense you may be right but I think the question did direct you to look at the criminal aspect of it - not the civil side. Now as for it being summary or indictable I'm not entirely sure - I eventually chose summary because I remembered hearing somewhere about how summary offences are up to two years and the question mentioned how he was imprisoned for two years. Looking around online, I think it is summary; http://www.lenzlegal.com.au/how-we-can-help/criminal-offences-lawyer-sydney/summary-offences/ as apparently "traffic offences" are finalised in the local court.
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