Imagine you have finished your Law degree and you are a law graduate working in a general law practice in Perth. I am your principal and I come into your office to see you. I tell you that I would like to prepare a short paper on the law governing mobile telephone use while driving in Western Australia. It will be displayed on the firm’s website as a general legal information sheet to be read by clients and others who may have an interest in our firm.

 

1. Where is the Western Australian law restricting mobile telephone use while driving located? When was it inserted into the relevant statute? What sorts of materials have guided the formulation of that section? (Hint: have a look at Commonwealth ‘model laws’, Commonwealth statutory bodies’ discussion papers etc). In this part of your answer you should explain the WA law succinctly, and in your own words, so that a potential client could understand it. 2. Consider case law and secondary sources of information on mobile phone laws in Australia. Given the case law and other discussion on the subject, do you think the Western Australian provision is an effective way of dealing with the social problem of mobile use while driving? Briefly discuss why or why not. 3. In your opinion, would the following prosecution likely be successful or unsuccessful? Scenario: Mark is driving home from University after a long day. He is thinking about a song that he likes, and that was recently played to US President Donald Trump during his visit with the French President – Daft Punk’s ‘Get Lucky’. His phone is the pocket of his puffer jacket, which he is wearing. He pulls over into a parking bay on the side of the road. With the engine running and the handbrake on, he pulls his phone out of his jacket pocket, accesses the Spotify app and starts to play Get Lucky on the car’s audio system via Bluetooth. A police officer on a motorbike pulls up beside him and charges him under the relevant law.

 

 

Would your answer be any different if Mark had in fact answered a phone call from his girlfriend by giving a voice command to his audio system via Bluetooth?

 

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