Kim has been found guilty of drink driving - HSC - SSCE Legal Studies - Question 12 - 2019 - Paper 1
Question 12
Kim has been found guilty of drink driving.
What did the prosecution prove?
A. Kim was the person driving the vehicle.
B. Kim knew her blood alcohol concentration wa... show full transcript
Worked Solution & Example Answer:Kim has been found guilty of drink driving - HSC - SSCE Legal Studies - Question 12 - 2019 - Paper 1
Step 1
A. Kim was the person driving the vehicle.
96%
114 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
This statement is partially true but does not fully encompass the prosecution's burden of proof in drink driving cases.
Step 2
B. Kim knew her blood alcohol concentration was above the legal limit.
99%
104 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
While knowledge of the legal limit is relevant, this alone does not establish guilt in the context of drink driving.
Step 3
C. Kim was the person driving the vehicle and her blood alcohol concentration was above the legal limit.
96%
101 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
This statement correctly identifies both actions necessary to establish guilt: being the driver and exceeding the legal alcohol limit.
Step 4
D. Kim was the person driving the vehicle and she knew her blood alcohol concentration was above the legal limit.
98%
120 rated
Only available for registered users.
Sign up now to view full answer, or log in if you already have an account!
Answer
This statement includes both the driving and knowledge aspects; however, the crucial element is the act of drinking and driving, which is sufficiently covered in option C.