Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Research has shown that a person driving while under the inuence of alcohol has a 45% higher chance of being injured or killed in an

image text in transcribed
image text in transcribed
Research has shown that a person driving while under the inuence of alcohol has a 45% higher chance of being injured or killed in an accident. In response to this risk, the Western Australian Government passed the Driving Under the inuence Act 202i (WA) [a ctitious Act], section 7" of which provides: 7. No person shall operate a motorcar, truck, motorcycle or similar vehicle on a road, high way or other public thoroughfare while under the inuence of alcohol. Andy had been celebrating his football team winning the AFL premiership with friends at a Fremantle pub and had been drinking most of the afternoon. Although he had earlier driven his car to the pub, he was concerned about driving so instead borrowed an electric skateboard from a friend so he could to get home. Unfortunately, as he was riding along the new Fremantle bike path, Andy was stopped and charged with a breach of section 7 by a Western Australian Police, Trafc Branch ofcer Gary, who was driving along the nearby road and had noticed Andy was riding in an erratic fashion and clearly intoxicated. Question: Using the four step process and the common law, purpose and ejusdenr gen eris rules of statutory interpretation discuss whether Andy is likely to be in breach of section 7

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Land Law

Authors: Mark Davys

11th Edition

1352005190, 978-1352005196

More Books

Students also viewed these Law questions

Question

Find the g parameters for the circuit in Fig. 19.97. 12 0

Answered: 1 week ago

Question

Differentiate the function. r(z) = 2-8 - 21/2 r'(z) =

Answered: 1 week ago