Dangerous Driving / Causing serious motor vehicle accident / Causing Death or harm

Cause Death or Harm by Driving

Cause death or harm by driving Where a person is found to be driving in a manner that is negligent, reckless or at a speed or in a matter that is dangerous, and that driving causes harm or death to another person a penalty for a first offence is a maximum penalty is maximum 15 years imprisonment and a mandatory licence disqualification for 10 years or more. For an aggravated offence, or a subsequent offence, the maximum penalty is a period of imprisonment for life and a mandatory licence disqualification for 10 years or more.

Aggravated driving without due care It is an offence to drive without due care or attention or without reasonable consideration for other road users. When a finding of guilt is made in relation to this offence, the maximum penalty is imprisonment for 12 months and a mandatory licence disqualification of no less than 6 months This disqualification is not mandatory if aggravating circumstances alleged fall short of the essential element otherwise required.

Aggravating features include:

• Causing harm
• Committed while attempting to escape police
• Driving committed whilst the offender was disqualified or suspended
• Driving committed whilst the offender had a blood alcohol concentration of .08 or more
• The offender was driving at an excessive speed
• If committed in a known stolen vehicle
• Unlicenced or being the holder of a learners, provisional or probationary licence

Instant licence disqualification Where a person commits certain offences, police have the power to impose an immediate driver licence disqualification. On an application of a person who has been given an immediate disqualification notice to a court, the court on being satisfied that reason exists to have the notice lifted, may do so in the intervening period until determination of the charge for which they were disqualified. Police may issue an immediate disqualification notice for offences such as some offences committed against the Road Traffic Act 1961 eg: drink driving, hoon driving; some offences committed against the Criminal Law Consolidation Act 1935 eg: cause death or harm by dangerous driving, extreme speed,