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Aid and abet

Information about the drink driving offence of aid and abet.

It is possible to charge a person with the offence of aiding and abetting a driver who is charged with:

  • driving under the influence of alcohol (DUI)
  • driving or being in charge of a vehicle with more than prescribed amount of alcohol in their blood or urine, or
  • furnishing a sample of breath or blood within 3 hours of driving that contains more than the prescribed amount of alcohol.

This will only be possible if the prosecution can prove that the person charged with aiding and abetting helped, encouraged or persuaded the person to drive when they knew the person was drunk.

For example, if a person had a party and had served large quantities of alcohol to someone and they then let that person borrow their car or asked them to go and buy more alcohol, the party organiser could be charged with the offence of aiding and abetting the driver.

If the driver has been charged with DUI offence the prosecution must prove that:

  • the person aiding and abetting driver knew that the driver was driving a motor vehicle while they were under the influence of intoxicating liquor (or drug)
  • the person aided and abetted the driver to drive a motor vehicle, and
  • the driver had consumed a large quantity of intoxicating liquor (or drug) before driving and the person aiding knew that this had caused driver to be driving under influence.

If the driver was charged with an over-the-limit or fail blood or breath test, the prosecution must prove that the person who aided and abetted both:

  • had knowledge of all of the circumstances that gave rise to the commission of the offence, and
  • knew that the amount of alcohol consumed by driver would have put them over the limit.

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 49(1)(a)—driving under influence offence
  • s. 49(1)(b)—drive with more than prescribed concentration of alcohol offence
  • s. 40(1)(f)—offence of providing a breath sample with more than the prescribed concentration of alcohol
  • s. 49(1)(g)—offence of providing a blood sample with more than the prescribed concentration of alcohol

See Road Safety Act 1986 (Vic)(opens in a new window).

References

Lexus Advance's Motor & traffic law—Victoria has information about aid and abet including:

  • complicity in commission of offences [5010.240].

Note: To access content type the brackets and number reference into the search box, for example '[5610.240]'

See particularly, Part 5—Offences involving alcohol or other drugs [5600](opens in a new window)

Go directly to the homepage Motor & traffic law—Victoria(opens in a new window).

Bruce v Williams (1989) 10 MVR 451; 46 A Crim R 122 is a case for aid and abet where driver was guilty of driving under the influence.

Also see Cavallare v Waterfall (1988) 8 MVR 271; Giorgianni v R (1985) 156 CLR 473 at 506 -7; 58 ALR 641 at 665; 2 MVR 97 at 121.

Updated