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Section 328a Essay

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Section 328a Essay
Section 328A of the Criminal Code Act 1899 (QLD) relates to the offence of dangerous operation of a motor vehicle. It is stated that ‘a person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour’ (s 328A Criminal Code Act 1899, QLD). The main element in this section is established through the concept of ‘dangerously’. However, it is not clearly outlined in the Criminal Code Act 1899 (QLD), what encompasses the element of danger. In the past, when considering the concept of ‘danger’ in regards to s 328A, the jury was charged with deciding where the element of fault lay. This fault, did not necessarily need to be conscious. Rather, it involved any act that fell ‘below the care
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