DRINKING, DRIVING

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DRINKING, DRIVING DRUGS

• or
• I told you so!

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DISCLAIMER

• This is a brief summary of a presentation made
  at the Stanmore P F meeting on 26 August 2009.
  It is not provided as legal advice and if any
  person has a need for legal information or
  advice, they should seek independent advice from
  a suitably qualified practitioner.

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The Befores Afters

• A person, including a parent or guardian must not
  SELL alcohol to a minor.
• A person, including a parent or guardian, must
  not SUPPLY alcohol to a minor on licensed
  premises.

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VERY IMPORTANT!!!!

• A person must not SUPPLY alcohol to a minor on
  UNLICENSED premises unless the person IS the
  minors parent or guardian
• s.117(4) Liquor Act 2007

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• A person can avoid a penalty if he/she proves
  that he/she was authorised to supply the alcohol
  by the minors parent or guardian.
• S.117(12) - for the purposes of this section,
  "supply" of liquor includes serving liquor to a
  person.

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ALCOHOL

• Can lead to anger, despair, confusion, crime!
• Group mentality can be dangerous.
• Safety in numbers a myth!
• Mardi gras, New Years Eve, 18th/21st, schoolies,
  formals etc etc etc
• False IDs
• Newcastle and Sutherland examples

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THE DREADED DRUGS

• Recreational or party drugs
• NO SUCH THING !!
• Tobacco, alcohol, prescription drugs

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OFFENCES

• Possess needs knowledge.
• Use usual every day meaning.
• Supply does not need any financial transaction.
• All have possible imprisonment!

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PENALTIES

• The Maximum penalty for the offence of Supply
  Prohibited Drug if it is dealt with as
• Strictly indictable is a fine of 220,000 and/or
  15 years imprisonment.
• Table 1 matter Fine of 11,000 and/or 2 years
  imprisonment.Table 2 matter Fine of 5,500
  and/or 2 years imprisonment.

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EXAMPLE

• Young 19 year old man
• GPS school education 1st year Uni student
• No prior convictions
• Great parents and family life
• 4 mates pooled money
• He bought 24 ecstasy tablets 6 tablets each
• Took them to a North Sydney Hotel
• Sniffer dogs arrived.

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ARRESTED !!

• Handcuffed
• Taken by Police to North Sydney Police Station
• CHARGED
• Fingerprinted and photographed
• Bailed to attend Court
• He was not a juvenile he didnt have mum and
  dad there to help!

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THEN WHAT??

• Immediately sought drug and psych counselling
• Attended NA regularly
• Reported to Police weekly on bail
• Underwent voluntary weekly/random urinalysis
• Clean results
• Good personal character references
• True contrition and remorse
• Pleaded GUILTY
• Tears at Court and very upset
• Result

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THE RESULT

• 18 MONTHS IMPRISONMENT
• 9 MONTHS NON-PAROLE PERIOD TO BE SERVED BY WAY OF
  PERIODIC DETENTION.

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DRIVING LICENCE

• L Driver ZERO BAC
• No mobile phone use
• No driving in Centennial Park
• 80 kph
• P1 Driver P ZERO BAC
• No mobile phone use
• Suspension with 4 or more demerit points
• 90 kph
• 1 person under 25 between 11pm and 5am

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• P2 Driver P ZERO BAC
• No mobile phone
• Suspension with 7 or more demerit points
• 100 kph

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DRINK DRIVING

• Novice Range PCA ZERO BAC
• Max Gaol Nil
• Max Fine - 1,100.00
• Auto Disq 6 months
• Min Disq 3 months

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PCA OFFENCES (1st offence)

• Low Range 0.05 to 0.08
• No gaol Max 1,000 Auto Disq - 6 mths Min Disq
  3 mths.
• Mid Range 0.08 to 0.15
• Max gaol 9 mths Max 2,200 Auto Disq 12
  mths Min Disq 6 mths.
• High Range 0.15 and above
• Max gaol 18 mths, Max 3,300, Auto Disq 3
  yrs Min Disq 12 mths.

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ALCOHOL ELIMINATION

• Elimination starts as soon at alcohol enters the
  blood (within a few minutes of 1st drink)
• Elimination rate ranges broadly from
• 0.01 to 0.025 g/100ml/hour
• But most likely level is
• 0.015 g/100ml/hour
• (Norberg et al., 2003)

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SEX

• CRIMES ACT 1900 "sexual intercourse" definition
  explained and discussed

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CONSENT?

• Some matters that need to be considered
• Must know that the other person consents
• Cant be reckless as to consent
• Must have reasonable grounds to believe that the
  other person consents.

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NO CONSENT IF

• No capacity i.e. age, cognitive incapacity
• No opportunity to consent i.e. unconscious or
  asleep
• The grounds on which it may be established that a
  person does not consent to sexual intercourse
  include
• (a) if the person has sexual intercourse while
  substantially intoxicated by alcohol or any
  drug..