This article will discuss provisions about dangerous driving and dangerous navigation (cars, vessels, and aircrafts) under the Crimes Act 1900. Both dangerous driving and dangerous navigation involve operating a vehicle. Examples include:
- Under the influence: Alcohol, drugs, or fatigue impair crucial skills.
- Ignoring rules: Speeding, reckless manoeuvres, or disregarding regulations.
- Distractions: Phones, passengers, or other activities divert attention from safe operation.
- Ignoring problems: Faulty mechanics can lead to dangerous situations.
Remember, responsible operation is crucial to prevent accidents and harm. Read on to know more about dangerous driving and dangerous navigation.
Section 52A: Dangerous Driving: Substantive Matters
Section 52A defines several serious driving offences that lead to harm or death.
1. Dangerous driving causing death: You commit this offence if you drive dangerously, causing an accident that kills someone. Dangerous driving includes:
- Driving under the influence of alcohol or drugs
- Driving at excessive speeds
- Driving recklessly
The penalty is up to 10 years imprisonment, with harsher penalties (up to 14 years) for aggravated circumstances. Aggravated circumstances include high intoxication, extreme speeding, or fleeing police.
2. Dangerous driving causing serious injury:
- This offence is similar to the above but results in serious injury instead of death.
- The penalty is up to 7 years imprisonment, with harsher penalties (up to 11 years) for aggravated circumstances.
3. When a vehicle is part of an accident: Section 52A of dangerous driving and dangerous navigation clarifies various situations where a vehicle is part of an accident, including:
- Vehicle overturning or leaving the road
- Collision with objects or other vehicles
- Passengers falling from the vehicle
- Impacts caused by the vehicle even if it doesn’t directly collide
4. Defences: You can defend yourself against these charges if you can prove that the following did not cause the accident:
- Being under the influence
- Excessive speed
- Reckless driving
Terms Used Under Section 52A Dangerous Driving and Dangerous Navigation
- Drug: Same definition as in the Road Transport Act 2013.
- Object: Includes anything from animals and buildings to bridges and trees.
- Prescribed concentration of alcohol: Legal limit = 0.15 grams of alcohol per 100 millilitres of blood or 210 litres of breath.
- Road: Covers defined roads, road-related areas, and even other places where vehicles operate.
- Vehicle: Any motorised or horse-drawn vehicle, excluding those used on railways or tramways.
Section 52AA: Dangerous Driving Procedural Matters
Section 52AA of dangerous driving and dangerous navigation outlines how prosecutors can prove someone was driving dangerously when causing death or serious injury. The section also mentions how the court handles different situations.
1. Proving Intoxication:
- Alcohol: If the driver’s blood alcohol level was above the legal limit (0.15g/100ml) at the time of the accident, they’re automatically considered under the influence. Blood tests within 2 hours are accepted as evidence, unless the driver proves their level was lower.
- Drugs: Blood or urine tests can show the presence of drugs other than alcohol at the time of the accident. Samples taken within 4 hours are accepted as evidence, unless the driver proves the drug wasn’t present then.
2. Alternative Verdicts:
- If someone faces charge for a more serious crime like murder but the evidence only supports dangerous driving, they can face conviction of that instead.
- Similarly, if the jury finds someone not guilty of aggravated dangerous driving but still guilty of regular dangerous driving, they can be convicted of the lesser offence.
3. Double Jeopardy Protection:
- Being convicted or acquitted of dangerous driving prevents further prosecution for the same incident under other charges like murder or manslaughter under this Act.
- The same applies vice versa – being convicted or acquitted of murder or manslaughter prevents prosecution for dangerous driving based on the same incident.
The “prescribed concentration of alcohol” is the legal limit for driving under the influence. It means:
- Having 0.15 grams or more of alcohol per 100 millilitres of blood, or
- Having 0.15 grams or more of alcohol per 210 litres of breath.
Section 52AB: Offence of Failing to Stop and Assist After Vehicle Impact Causing Death or Grievous Bodily Harm
Section 52AB of dangerous driving and dangerous navigation makes it illegal to leave the scene of a car accident if you’re the driver and:
- Someone died or is facing serious injury, and
- You know or should know you were involved.
What constitutes the offence?
- Failing to stop your vehicle at the scene.
- Not offering reasonable help to injured people.
- Not reporting the accident to the police as soon as possible.
What are the penalties?
- Up to 10 years imprisonment if someone died.
- Up to 7 years imprisonment if someone faces serious injuries.
Leaving the scene of an accident is serious and can have legal and moral consequences.
Section 52B: Dangerous Navigation: Substantive Matters
Section 52B of dangerous driving and dangerous navigation outlines situations where operating a boat in a risky way can lead to criminal charges. This includes:
- Being under the influence of drugs or alcohol: This is illegal and greatly increases the risk of accidents.
- Going too fast: Speeding on the water is dangerous and can cause collisions or injuries.
- Operating unsafely: This includes reckless manoeuvres, not following safety rules, or ignoring warnings.
Penalties and additional details:
- Death: Causing death through dangerous boating can lead to prison sentences of up to 14 years.
- Serious injuries: Causing serious injuries through dangerous boating can lead to prison sentences of up to 11 years.
- What counts as an “impact”: The law defines various situations where an “impact” occurs, including collisions, falls overboard, and even being struck by something thrown from the boat.
- Aggravating factors: Certain situations make the crime more serious, such as having a high blood alcohol level, exceeding speed limits, or fleeing police.
- Defences: If the accident wasn’t caused by the boater’s actions (e.g., due to mechanical failure), they may not be held responsible.
Key terms:
- Drug: Any substance defined as a drug under the Road Transport Act 2013
- Object: Anything on the water or near it, including docks, buoys, bridges, and even swimming areas.
- Prescribed alcohol limit: 0.15 grams of alcohol per 210 litres of breath or 100 millilitres of blood.
- Vessel: Any boat covered by the Marine Safety Act 1998
Section 52BA: Dangerous Navigation: Procedural Matters
Section 52BA of dangerous driving and dangerous navigation outlines how courts handle cases involving dangerous boating that caused death or serious injuries.
Key Points:
- Alcohol Limit: If your breath or blood alcohol level was above 0.15 grams per 210 litres of breath or 100 millilitres of blood at the time of the accident, you are automatically considered intoxicated.
- Blood Test: Blood analysis can act as evidence of your alcohol level at the time of the accident. But only if the sample was taken within 2 hours and you can’t prove your level was lower than the limit.
- Alternative Verdicts: If you you are facing a charge of murder, manslaughter, or assault (section 54), but the evidence shows you committed an offence under section 52B (dangerous boating), the jury can find you guilty of the lesser charge.
- Reduced Charges: If you are facing charge of aggravated dangerous boating (section 52B(2) or (4)), but the jury doesn’t find enough evidence, they can still find you guilty of the less severe version of the offence (section 52B(1) or (3)).
- Double Jeopardy: One cannot try you twice for the same crime based on the same facts. However, you can face charges of both murder/manslaughter and dangerous boating if the evidence supports it.
Seeking Legal Advice About Dangerous Driving and Dangerous Navigation
Facing charges under the Crimes Act 1900, like Dangerous Driving or Navigation, can have serious consequences, impacting your liberty, reputation, and finances. Don’t navigate this alone. At JB Solicitors, our team of experienced criminal lawyers understands the complexities of these situations and the nuances of the law. We offer:
- Expert analysis of your case: We’ll meticulously review the details, identify potential defences, and build a strong case in your favour.
- Clear communication and guidance: We’ll explain the legal process in plain language, keeping you informed and empowered every step of the way.
- Proven track record of success: Our team has a history of securing favourable outcomes for clients facing similar charges.
- Compassionate and dedicated representation: We understand the emotional toll these situations can take, and we’ll be by your side throughout the entire process.
Contact us today for more information about dangerous driving and dangerous navigation.
