Sections 61(1) and 61(3) of the Road Safety Act 1986 (Vic) continue to create two separate offences — failing to stop and failing to render assistance — notwithstanding the 2005 amendment replacing 'contravenes' with 'does not comply with the requirements of'. Conviction and separate sentencing on both charges does not constitute double punishment because the two failures are conceptually and legally distinct. Where a jury verdict does not disclose whether conviction was based on actual knowledge or constructive knowledge, the sentencing judge may make a finding of actual knowledge if satisfied beyond reasonable doubt on the evidence.
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