DANGEROUS, FURIOUS AND RECKLESS DRIVING OFFENCES

Dangerous Driving Occasioning Death

Dangerous driving occasioning death is an offence under section 52A(1) of the Crimes Act 1900.

Section 52A(1) provides, a person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:

  1. under the influence of intoxicating liquor or of a drug; or
  2. at a speed dangerous to another person or persons; or
  3. in a manner dangerous to another person or persons.

If convicted for this offence the maximum penalty is 10 years imprisonment, and if the offence is aggravated the maximum penalty is 14 years imprisonment.

Dangerous Driving Occasioning Grievous Bodily Harm

Dangerous driving occasioning grievous bodily harm is an offence under section 52A(3) of the Crimes Act 1900.

Section 52A(3) provides, a person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle:

  1. under the influence of intoxicating liquor or of a drug; or
  2. at a speed dangerous to another person or persons; or
  3. in a manner dangerous to another person or persons.

If convicted for this offence the maximum penalty is 7 years imprisonment and if the offence is aggravated the maximum penalty is 11 years imprisonment.

The offence is aggravated if the offender was, at the time of the offence:

  • driving at a speed more than 45 km per hour over the speed limit;
  • over the legal BAC limit;
  • driving the vehicle to escape police pursuit;
  • under the influence of a drug.

Furious and Reckless Driving

Section 117(2) of the Road Transport Act 2013 provides that a person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

For a first offence the maximum penalty is imprisonment for 9 months, a fine of $2,200 and an automatic disqualification of licence for 3 years which can be reduced to 12 months.

For a second or subsequent offence the maximum penalty is imprisonment for 12 months, a fine of $3,300 and an automatic disqualification of 5 years which can be reduced to 2 years.

If you have been charged with dangerous, furious or reckless driving, call Karnib & Co Lawyers at any time on 0450503696 or email us on [email protected] to arrange a free consultation. For those who are unable to attend our offices, we offer conferences by telephone, Skype, Zoom and FaceTime anywhere around the world.