There are numerous driving offences which are classified as “dangerous driving”. These offences each carry different penalties which reflect the seriousness of the offence. Dangerous driving offences are generally divided into four categories, including:

  • Dangerous driving occasioning death
  • Aggravated dangerous driving ocasioning death
  • Dangerous driving occasioning grievous bodily harm
  • Aggravated dangerous driving occasioning grievous bodily harm

There are also a number of elements which are considered in any matter of dangerous driving, including:

  • the alleged offender drove a vehicle
  • the motor vehicle was involved in an accident
  • the collision occasioned the death or grievous bodily harm of another individual
  • if the driver was, at the time of the impact, driving under the influence of an intoxicating liquor or a drug, at a speed dangerous to another person or persons, or in a manner dangerous to another person or persons

 

Legislation

  • s 52A (1) Crimes Act 1900
  • s 52A (2) Crimes Act 1900
  • s 52A (3) Crimes Act 1900
  • s 52A (4) Crimes Act 1900

 

Penalties

  • Dangerous driving occasioning death                                                                       Max. 10  years’ imprisonment
  • Aggravated dangerous driving occasioning death                                                  Max. 14 years’ imprisonment
  • Dangerous driving occasioning in grievous bodily harm                                      Max. 7 years’ imprisonment
  • Aggravated dangerous driving occasioning grievous bodily harm                      Max. 11 years’ imprisonment

The court may also impose a number of other penalties including:

  • Section 10  (allows the court to not hold a criminal conviction against a person who is guilty of a crime)
  • Fines
  • Good behaviour bond
  • Community service
  • Intensive correction order
  • Home detention
  • Suspended sentence
  • Full time imprisonment (last resort)

The complexity of these offences requires the extensive knowledge and meticulous attention to detail which our lawyers provide. Our team has specialised knowledge in dangerous driving offences having assisted many clients successfully defend charges or obtain lesser penalties once sentenced.

If you have been charged with a dangerous driving offence, our experts can help. Contact us to schedule an appointment with one of our lawyers in our office.

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