The Crimes Act NSW imposes heavy penalties on drivers who commit dangerous driving offences that often cause death and injuries to other people. Each year, countless lives are lost and families are devastated by the consequences of reckless driving in Australia. That is why the government chose to include an amendment in the Crimes Act NSW.
The Crimes (Dangerous Driving Offences) Amendment Act 1994 (Act No. 78) aims to address dangerous driving offences and improve road safety. The Act includes several key provisions:
- Amendment of Crimes Act 1900. The Act amends the Crimes Act 1900 by inserting new sections related to dangerous driving offences.
- Evidence of intoxication. The Act allows for the use of evidence of intoxication in court proceedings, which can help establish a person’s guilt in a dangerous driving case.
Crimes Act NSW: Dangerous Driving Offences
Heavier penalties act as a deterrent against engaging in risky behaviour, such as speeding, weaving through traffic, or driving under the influence. This helps reduce the number of road accidents and fatalities, ultimately improving road safety for all road users.
The Amendment imposes a maximum of 14 years of imprisonment if a person is found guilty of committing the dangerous driving offences under the Crimes Act NSW amendment. Here are the offences:
Dangerous Driving Occasioning Death
The Crimes Act NSW Amendment states that 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:
- under the influence of intoxicating liquor or of a drug; or
- at a speed dangerous to another person or persons; or
- in a manner dangerous to another person or persons.
Penalty: 10 years imprisonment
Aggravated Dangerous Driving Occasioning Death
The aggravation of an offence makes the penalty of a crime heavier. Here, a person is guilty of the offence of aggravated dangerous driving occasioning death if the person commits the offence of dangerous driving occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
Dangerous Driving Occasioning Grievous Bodily Harm
If the crime is occasioned by grievous bodily harm, the penalty is 7 years. The Amendment provides that 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:
- under the influence of intoxicating liquor or;
- at a speed dangerous to another person or persons; or
- in a manner dangerous to another person.
Moreover, if this offence is accompanied by the circumstances of aggravation, the person convicted will be liable for 11 years of imprisonment.
What are these circumstances of aggravation? Section 52A of the Amendment enumerates these circumstances:
- the prescribed concentration of alcohol was present in the accused’s blood; or
- the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road; or
- the accused was driving the vehicle to escape pursuit by a police officer.
Defences Available
Under the same Amendment, the following are defences to any charge under any of the above-mentioned dangerous driving offences under the Crimes Act NSW if the death or grievous bodily harm 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
- to the speed at which the vehicle was driven; or
- to the manner in which the vehicle was driven.
Presumption of Intoxication
The Amendment also includes that there is a presumption when the accused is conclusively presumed to be under the influence of liquor if the prosecution proves that the prescribed concentration of alcohol was present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm.
In order to boost this presumption, you need evidence of intoxication. The Act states that evidence may be given of the concentration of alcohol present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm.
The impact must have occurred at a place that is not a road or road related area within the meaning of the Road Transport (General) Act 1999 as determined by a blood analysis carried out in accordance with Division 4 of Part 2 of the Road Transport (Safety and Traffic Management) Act 1999.
Predatory Driving
Section 51A of the Crimes Act NSW states that predatory driving is committed when someone drives a motor vehicle and:
- Pursues or travels near another vehicle on the road,
- Causing or threatening an impact, and
- Intending to cause the person in the other vehicle actual bodily harm
Penalty: 5 years imprisonment
Injuries by Furious Driving
Injuries caused by furious driving is also punishable under the Crimes Act NSW. Section 53 states that any person riding on horseback, or in charge of any carriage or other vehicle,
- by wanton or furious riding, or
- driving, or
- racing, or
- other misconduct, or
- by wilful neglect, does or causes to be done to any person any bodily harm, is liable.
Penalty: 2 years imprisonment
Dangerous driving is not just a matter of breaking traffic laws. It’s a reckless disregard for human life, a gamble with consequences that can be devastating and irreversible. The cost of this gamble goes beyond fines and demerits; it can mean the loss of your own life, or the lives of others.
Facing Dangerous Driving Charges?
Being charged with a dangerous driving offence under the Crimes Act NSW can be a frightening and stressful experience. The potential consequences are serious, including fines, licence suspension, and even mandatory life sentences. We can also help with various criminal law and criminal acts matters such as:
- Sexual assault, aggravated sexual assault and other sexual offences
- Sexual touching
- Assault with intent to have sexual intercourse
- Assault with intent to commit a serious indictable offence
- Murder or assault causing death
- Publicly threatening or inciting violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status
- Theft
- Obstructing member of the clergy in discharge of his or her duties
- Destruction of, or damage to, an aircraft or vessel with intent or reckless indifference
- Common assault prosecuted by indictment
In such situations, seeking legal representation from a qualified and experienced lawyer from JB Solicitors is the smart way to go.
