There are various different dangerous driving offences you can be charged with in NSW, including:
Section 52A(1) = dangerous driving occasioning death,
Section 52A(2) = aggravated dangerous driving occasioning death,
Section 52A(3) = dangerous driving occasioning grievous bodily harm,
Section 52A(4) = aggravated dangerous driving occasioning grievous bodily harm.
DANGEROUS DRIVING OCCASIONING DEATH
What the prosecution needs to prove
The prosecution are required to prove, beyond reasonable doubt, that:
You drove your vehicle in an impact/collision that caused the death of another person, and
You were, at the time of the impact, driving the vehicle:
under the influence of an intoxicating alcohol or drugs, or
at a speed dangerous to another person or persons, or
in a manner dangerous to another person or persons.
A defence to the charge will exist where the death alleged to be occasioned by the impact was not in any way attributable to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, the speed at which the vehicle was drive or the way the vehicle was driven.
The prosecution is not required to prove that the driver was voluntarily and consciously managing and controlling the movement of the vehicle at the precise moment of impact.
This is due to how it has been held that a preceding period of driving in a dangerous manner may be so nearly close in time with the impact as to satisfy this element of the offence.
A vehicle will be deemed to have been involved in an impact occasioning the death of, or grievous bodily harm to, a person if the death or harm is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a road, and the prosecution proves that the vehicle caused the impact.
Objects include an animal, building, structure, earthwork, embankment, gutter, stormwater channel, drain, bridge, culvert, median strip, post, or tree.
Penalties
The maximum penalty for this offence is 10 years imprisonment.
For a first offence, the minimum licence disqualification applicable is 12 months, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 3 years.
In the case of second or subsequent offence, the minimum licence disqualification applicable is 2 years, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 5 years.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
In sentencing offenders for dangerous driving occasioning death, the court has developed a guideline judgement which contains factors they will consider.
Guideline judgments are decisions by the court which provide judges or Magistrates with guidance in relation to how they ought to sentence offenders.
It states that in a typical case of this nature, if it can be shown that you had a high level of responsibility in the offence, a full-time imprisonment sentence of less than 3 years is not appropriate.
Factors considered relevant include the number of people put at risk, whether it involved erratic or competitive driving, the length of the driving journey, and whether the driver failed to stop.
This does not mean that you cannot receive a more lenient penalty. More lenient penalties may be applied depending on the specific circumstances of the case.
AGGRAVATED DANGEROUS DRIVING OCCASIONING DEATH
WHAT THE PROSECUTION NEEDS TO PROVE
The prosecution are required to prove, beyond reasonable doubt, that:
You drove your vehicle in an impact/collision that caused the death of another person, and
You were, at the time of the impact, driving the vehicle:
under the influence of an intoxicating alcohol or drugs, or
at a speed dangerous to another person or persons, or
in a manner dangerous to another person or persons.
An aggravating factor exists (at least one).
AGGRAVATING FACTORS INCLUDE THE FOLLOWING:
Where you had more than 0.15 grammes of alcohol in 210 litres of breath or 100 millilitres of blood, or
Where you were driving on a road at more than 45km/h over the speed limit, or
Where you were driving the vehicle to escape a police pursuit, or
Where your ability to drive was affected by an intoxicating drug (other than alcohol) or a combination of drugs (which may have included alcohol)
The charge can be successfully defended if we are able to show that the prosecution cannot prove both of those elements beyond a reasonable doubt. Speak to your lawyer who can provide you with advice as to your prospects of success.
Penalties
A maximum penalty of 14 years imprisonment is applicable.
For a first offence, the minimum licence disqualification applicable is 12 months, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 3 years.
In the case of second or subsequent offence, the minimum licence disqualification applicable is 2 years, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 5 years.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
As with the standard offence of dangerous driving occasioning death, the guideline judgement prescribes that in a typical case of this nature, if it can be shown that you had a high level of responsibility in the offence, a full-time imprisonment sentence of less than 3 years is not appropriate.
Factors considered relevant include the number of people put at risk, whether it involved erratic or competitive driving, the length of the driving journey, and whether the driver failed to stop.
This does not mean that you cannot receive a more lenient penalty. More lenient penalties may be applied depending on the specific circumstances of the case.
DANGEROUS DRIVING OCCASIONING GRIEVOUS BODILY HARM
WHAT THE PROSECUTION NEEDS TO PROVE
The prosecution are required to prove, beyond reasonable doubt, that:
You drove your vehicle in an impact/collision that caused another person grievous bodily harm, and
You were, at the time of the impact, driving the vehicle:
under the influence of an intoxicating alcohol or drugs, or
at a speed dangerous to another person or persons, or
in a manner dangerous to another person or persons.
The charge can be successfully defended if we are able to show that the prosecution cannot prove these elements beyond a reasonable doubt. Speak to your lawyer who can provide you with advice as to your prospects of success.
Grievous bodily harm is defined as a ‘really serious’ injury including the destruction (other than in the course of a lawful abortion) of the foetus of a pregnant woman, any permanent or serious disfiguring of the person, and any grievous bodily disease. It may include broken bones or damage to organs.
Penalties
The maximum penalty for this offence is 7 years imprisonment.
However, it is classified as a ‘table 1’ offence which means that it will be dealt with in the Local Court unless the prosecution or defence elects for the matter to proceed to the District Court.
In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $11,000 fine.
For a first offence, the minimum licence disqualification applicable is 12 months, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 3 years.
In the case of second or subsequent offence, the minimum licence disqualification applicable is 2 years, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 5 years.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
The guideline judgement states that in a typical case of dangerous driving occasioning grievous bodily harm if it can be shown that you had a high level of responsibility in the offence, a full-time imprisonment sentence of less than 2 years is not appropriate.
Factors considered relevant include the number of people put at risk, whether it involved erratic or competitive driving, the length of the driving journey, and whether the driver failed to stop.
This does not mean that you cannot receive a more lenient penalty. More lenient penalties may be applied depending on the specific circumstances of the case.
AGGRAVATED DANGEROUS DRIVING OCCASIONING GRIEVOUS BODILY HARM
WHAT THE PROSECUTION NEEDS TO PROVE
The prosecution are required to prove, beyond reasonable doubt, that:
You drove your vehicle in an impact/collision that caused another person grievous bodily harm, and
You were, at the time of the impact, driving the vehicle:
under the influence of an intoxicating alcohol or drugs, or
at a speed dangerous to another person or persons, or
in a manner dangerous to another person or persons.
An aggravating factor exists (at least one).
AGGRAVATING FACTORS INCLUDE THE FOLLOWING:
Where you had more than 0.15 grammes of alcohol in 210 litres of breath or 100 millilitres of blood, or
Where you were driving on a road at more than 45km/h over the speed limit, or
Where you were driving the vehicle to escape a police pursuit, or
Where your ability to drive was affected by an intoxicating drug (other than alcohol) or a combination of drugs (which may have included alcohol)
The charge can be successfully defended if we are able to show that the prosecution cannot prove both of those elements beyond a reasonable doubt. Speak to your lawyer who can provide you with advice as to your prospects of success.
Penalties
The maximum penalty for this offence is 11 years imprisonment.
However, it is classified as a ‘table 1’ offence which means that it will be dealt with in the Local Court unless the prosecution or defence elects for the matter to proceed to the District Court.
In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $11,000 fine.
For a first offence, the minimum licence disqualification applicable is 12 months, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 3 years.
In the case of second or subsequent offence, the minimum licence disqualification applicable is 2 years, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 5 years.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
As with the standard offence of dangerous driving occasioning grievous bodily harm, the guideline judgement prescribes that in a typical case of this nature, if it can be shown that you had a high level of responsibility in the offence, a full-time imprisonment sentence of less than 2 years is not appropriate.
Factors considered relevant include the number of people put at risk, whether it involved erratic or competitive driving, the length of the driving journey, and whether the driver failed to stop.
This does not mean that you cannot receive a more lenient penalty. More lenient penalties may be applied depending on the specific circumstances of the case.
