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Amendment of section 106 of Principal Act
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17. Section 106 of the Principal Act is amended—
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(a) in subsection (1), by inserting after paragraph (a) the following:
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“(aa) if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance;”,
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(b) in subsection (3), by inserting after paragraph (a) the following:
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“(aa) in a case in which injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) —
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(i) does so with intent to escape civil or criminal liability, and
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(ii) knows that injury has been caused to a person of such nature as to require medical assistance for the person at that place or that the person be brought to a hospital for medical assistance,
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on conviction on indictment to a fine not exceeding €10,000 or, at the discretion of the court, to imprisonment for any term not exceeding 7 years or to both such fine and such imprisonment,
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(ab) in a case where injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) does so with intent to escape civil or criminal liability, and
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(i) knows that the person to whom injury has been caused is dead, or
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(ii) knows that injury has been caused to a person and is reckless as to whether the death of the person injured so results, and the death of the person injured so results,
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on conviction on indictment to a fine not exceeding €20,000 or, at the discretion of the court, to imprisonment for any term not exceeding 10 years or to both such fine and such imprisonment,”,
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and
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(c) by inserting after subsection (3A) the following:
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“(3B) In a prosecution under subsection (3) (aa) or (ab) evidence that an accused failed to stop his or her vehicle, offer assistance, keep the vehicle at or near the place for a reasonable period, or give the appropriate information is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.”.
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