Dangerous Driving 

What Must the Prosecution Prove?

The Prosecution must prove these elements beyond a reasonable doubt:

• You were involved in a collision that caused grievous bodily harm or the death of another person

• At the time of the collision: 

  • You were driving the vehicle in a manner that was dangerous to other people, or

  • You were under the influence of an intoxicating drug or alcohol, or

  • You were driving at a speed that was dangerous to another person or people.

• If an aggravated offence, you committed the offence in at least one aggravating circumstance. 

What is a Collision?

Section 52A(5) sets out the ways a collision (impact) involving death or grievous bodily harm to another can occur: 

• The vehicle overturned or left a road while the deceased was conveyed in or on that vehicle (whether as a passenger or otherwise),

• A collision (impact) between any object and the vehicle while the deceased was conveyed in or on that vehicle (whether as a passenger or otherwise),

• A collision between the deceased and the vehicle,

• A collision of your vehicle and an object in, on, or near which the deceased was at the time of the impact,

• An impact with anything on, or attached to your vehicle,

• An impact with anything that fell from the vehicle,

• The person that fell from the vehicle, or was thrown or ejected from the vehicle, while he or she was conveyed in or on the vehicle (whether as a passenger or otherwise),

• An impact between any object (including the ground) and the person and as a consequence the person (or any part of the person) was or protruded outside the vehicle, while the person was conveyed in or on the vehicle (whether as a passenger or otherwise).

In Section 52A(7), Circumstances of Aggravation Refer to Circumstances in which:

• the prescribed concentration of alcohol was present in your breath or blood, or

• you were speeding by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of the road, or

• You were driving the vehicle to escape pursuit by a police officer, or

• Your ability to drive was very substantially impaired by the fact that you were under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).

What is the Prescribed Concentration of Alcohol?

A concentration of 0.15g of alcohol in 210 litres of breath or 100 millilitres of blood.

Maximum Penalties

Section 52A(1): Dangerous driving occasioning death 

The maximum penalty is 10 years imprisonment.

Section 52A(2): Aggravated dangerous driving occasioning death 

The maximum penalty is 14 years imprisonment.

Section 52A(3): Dangerous driving occasioning grievous bodily harm 

The maximum penalty is 7 years imprisonment.

Section 52A(4): Aggravated dangerous driving occasioning grievous bodily harm 

The maximum penalty is 11 years imprisonment.

Defences

A possible defence available to this charge can include:

• Section 52A(8): It is a defence if the death or grievous bodily harm occasioned by the impact was not in any way attributable: 

  • To the fact that you were under the influence of intoxicating liquor or a drug or a combination of drugs, or

  • To the speed at which the vehicle was driven, or

  • To the manner in which the vehicle was driven.