Dangerous Driving
Dangerous Driving Causing Death or Grievous Bodily Harm
In NSW, an offence is created for dangerously driving and causing death or harm to another person.
The following are the offences in relation to dangerous driving in NSW:
- Dangerous Driving Occasioning Death
- Dangerous Driving Occasioning Grievous Bodily Harm
- Aggravated Dangerous Driving Occasioning Death
- Aggravated Dangerous Driving Occasioning Grievous Bodily Harm
Dangerous Driving Occasioning Death: Section 52A(1) Crimes Act 1900 (NSW)
You may be guilty of the offence of “Dangerous Driving Occasioning Death” if it is proven that the vehicle driven by you has caused the death of another person on impact, and that you were driving:
- Under the influence of alcohol or drugs; or
- At a dangerous speed to another person; or
- in a dangerous manner to another person.
You may be liable for imprisonment for 10 years if you are convicted of this offence.
Aggravated Dangerous Driving Occasioning Death: Section 52A(2) Crimes Act 1900 (NSW)
If there are circumstances of aggravation present in your case, then the offence may be escalated to “Aggravated Dangerous Driving Occasioning Death”. In this case, you may be liable for imprisonment for 14 years if you are convicted of this offence.
Dangerous Driving Occasioning Death: Section 52A(1) Crimes Act 1900 (NSW)
You may be guilty of the offence of “Dangerous Driving Occasioning Grievous Bodily Harm” if it is proven that the vehicle driven by you has caused permanent or serious disfigurement to another person on impact, and that you were driving:
- Under the influence of alcohol or drugs; or
- At a dangerous speed to another person; or
- In a dangerous manner to another person.
You may be liable for imprisonment for 7 years if you are convicted of this offence.
Aggravated Dangerous Driving Occasioning Grievous Bodily Harm: Section 52A(4) Crimes Act 1900 (NSW)
If there are circumstances of aggravation present in your case, then the offence may be escalated to “Aggravated Dangerous Driving Occasioning Grievous Bodily Harm”. In this case, you may be liable for imprisonment for 11 years if you are convicted of this offence.
What are Circumstances of Aggravation? Section 52A(7)(a)-(d) Crimes Act 1900 (NSW)
The circumstances where the penalty for the offence of dangerous driving is increased due to an “aggravating” factor, such as:
- A prescribed concentration of alcohol was present in your breath or blood; or
- You exceeded the speed limit by more than 45 kilometres per hour; or
- You were driving to escape police pursuit; or
- Your ability to drive was substantially impaired because you were under the influence of:
- A drug (not including intoxicating liquor); or
- A combination of drugs (including intoxicating liquor).
Charged with a Dangerous Driving Offence?
If you have been charged with a dangerous driving offence, please feel free to contact JB Solicitors for assistance with your matter.
Our lawyers are highly experienced and understand the difficulties you may face when charged with a dangerous driving offence. We will provide you with accurate and tailored advice so that we can assist you in achieving the best possible outcome for your personal circumstance.
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