Western Australian Numbered Acts Western Australian Numbered Acts After section 59A
the following section is inserted —
“
59B. Section 59 and 59A offences:
ancillary matters and defence
(1) For the purposes
of sections 59 and 59A, the circumstances in which a motor vehicle is
involved in an incident occasioning the death of, or grievous bodily harm or
bodily harm to, a person include those in which the death or harm is
occasioned through —
(a) the
motor vehicle overturning or leaving a road while the person is being conveyed
in or on the motor vehicle (whether as a passenger or otherwise);
(b) the
person falling from the motor vehicle while being conveyed in or on it
(whether as a passenger or otherwise);
(c) an
impact between any object or thing and the motor vehicle while the person is
being conveyed in or on the motor vehicle (whether as a passenger or
otherwise);
(d) an
impact between the person and the motor vehicle;
(e) an
impact of the motor vehicle with another vehicle or an object or thing in, on
or near which the person is at the time of impact;
(f) an
impact with any object on or attached to the motor vehicle; or
(g) an
impact with any object that is in motion through falling from the motor
vehicle.
(2) For the purposes
of sections 59 and 59A, a motor vehicle is also involved in an incident
occasioning the death of, or grievous bodily harm or bodily harm to, a person
if the death or harm is occasioned through the motor vehicle —
(a)
causing an impact between other vehicles or between another vehicle and any
object, thing or person;
(b)
causing another vehicle to overturn or leave a road; or
(c)
causing a person being conveyed in or on another vehicle to fall from that
other vehicle.
(3) For the purposes
of sections 59 and 59A a person commits an
offence in "circumstances of aggravation" if at the time of the alleged
offence —
(a) the
person was unlawfully driving the vehicle concerned without the consent of the
owner or person in charge of the vehicle;
(b) the
person was driving the vehicle concerned on a road at a speed that exceeded,
by more than 45 kilometres per hour, the speed limit (if any) applicable to
that length of road; or
(c) the
person was driving the vehicle concerned to escape pursuit by a member of the
Police Force.
(4) For the purposes
of subsection (3)(c) it does not matter whether the pursuit was still
proceeding, or had been suspended or terminated, at the time of the alleged
offence.
(5) In any proceeding
for an offence against section 59 or 59A a person who had at the time of
the alleged offence a percentage of alcohol in his blood of or exceeding 0.15%
shall be deemed to have been under the influence of alcohol to such an extent
as to be incapable of having proper control of a motor vehicle at the time of
the alleged offence.
(6) In any proceeding
for an offence against section 59 or 59A it is a defence for the person
charged to prove that the death, grievous bodily harm or bodily harm
occasioned by the incident was not in any way attributable (as
relevant) —
(a) to
the fact that the person charged was under the influence of alcohol, drugs, or
alcohol and drugs; or
(b) to
the manner (which expression includes speed) in which the motor vehicle was
driven.
”.