Traffic Offences

Dangerous Driving Occasioning Death – section 52A (1) Crimes Act 1900

The prosecution must prove beyond a reasonable doubt that you were involved in a collision that caused the death of another person and at the time of the collision, you were driving the vehicle in manner that was dangerous to other persons, or that you were under the influence of an intoxicating drug or alcohol, or that you were driving at a speed that was dangerous to another person or persons.

Under section 52A (1) of the Crimes Act, the maximum penalty for dangerous driving occasioning death is 10 years’ imprisonment.

Aggravated Dangerous Driving Occasioning Death – section 52A (2) Crimes Act 1900

The prosecution must prove beyond a reasonable doubt that you were involved in a collision that caused the death of another person.

At the time of the collision, you were driving the vehicle in manner that was dangerous to other persons, or that you were under the influence of an intoxicating drug or alcohol, or that you were driving at a speed that was dangerous to another person or persons.

There must be at least one aggravating circumstance. The four aggravating circumstances are:

1. Where you had more than 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood (high range drink driving) or
2. Where you were driving on a road at more than 45 kilometres over the speed limit or
3. Where you were driving the vehicle to escape a police pursuit or
4. Where your ability to drive was affected by an intoxicating drug (other than alcohol) or a combination of drugs (which may have included alcohol).

Dangerous Driving Occasioning Grievous Bodily Harm – section 52A (3) Crimes Act 1900

The prosecution must prove two things beyond a reasonable doubt:

1. That you were involved in a collision that caused another person to suffer grievous bodily harm, and
2. At the time of the collision, you were driving the vehicle in manner that was dangerous to other persons, or that you were under the influence of an intoxicating drug or alcohol, or that you were driving at a speed that was dangerous to another person or persons.

Aggravated Dangerous Driving Occasioning Grievous Bodily Harm – s 52A (4) Crimes Act 1900

An ‘aggravating circumstance’ is a factor that makes the offence more serious. There are four aggravating circumstances recognised under the law, but it is only necessary for the prosecution to prove one of these:

1. Where you had more than 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood (high range drink driving) or
2. Where you were driving on a road at more than 45 kilometres over the speed limit or
3. Where you were driving the vehicle to escape a police pursuit or
4. Where your ability to drive was affected by an intoxicating drug or a combination of drugs.