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Dangerous Driving NSW

What is Dangerous Driving in NSW?

Negligent or dangerous driving is when a person drives without the proper care and attention expected of a reasonable driver. It puts the driver and the public at risk and can result in a serious injury or death. The offences are contained in section 52A Crimes Act 1900.

Under NSW traffic law, there are two types of dangerous driving offences:

1. Dangerous Driving Occasioning Death, pursuant to s 52A(1); and

2. Dangerous Driving Occasioning Grievous Bodily Harm, pursuant to s 52A(3).

Dangerous driving can be a serious offence. Penalties can range from fines, disqualification periods and imprisonment. Being charged with dangerous driving offence can be stressful as it is a serious offence with serious outcomes. The offence of dangerous driving is different to being charged with negligent driving.

If you are facing Dangerous driving charges, you should speak to a criminal defence lawyer. We are a criminal law firm who have represented numerous clients in serious criminal law matters. You require a specialist criminal lawyer to represent you in such cases.

Dangerous Driving Causing Death NSW

Dangerous driving causing death is when a person drives without the proper care and attention expected of a reasonable driver which causes the death of another person. However, if a person who drives a motor vehicle with the intention of causing death or grievous bodily harm to another person which results in someone’s death may be guilty of murder.

Elements the Prosecution must prove against you

In NSW, the threshold for proving dangerous driving occasioning death is relatively low. A driver can be found to be dangerous driving occasioning death if the prosecution can prove beyond a reasonable doubt that:

1. The person was the driver of a motor vehicle;

2. The vehicle was involved in an impact

3. Death of another person; and

4. At the time of the collision:

a. That they did not drive without the proper care and attention that a prudent driver would exercise in the circumstances; or

b. The driver was under the influence of an intoxicating drug or influence of alcohol; or

c. The driver was driving at a speed that was dangerous to another person or persons.

The court will consider whether dangerous driving has been committed by looking at the circumstances of the offending which include road conditions, traffic and whether there were any hazards on the road.

Aggravated Dangerous Driving Occasioning Death

Section 52A (2) states that a driver can be charged with aggravated dangerous driving occasioning death if the prosecution can prove that there is circumstances of aggravation or the above elements and one of the following aggravated circumstances:

1. had a blood alcohol concentration (BAC) of 0.15% or higher; or

2. was exceeding the speed limit by more than 45 km/hr; or

3. was trying to escape police pursuit; or

4. was very substantially impaired by consumption of one or more drugs.

Aggravated Dangerous Driving Occasioning Death NSW Penalty

Section 52A (1) of the Crimes Act, states that the maximum penalty for dangerous driving occasioning death in NSW is 10 years’ imprisonment. However, if an aggravating factor was applicable at the time of the offence, it will carry a maximum penalty of 14 years of imprisonment, pursuant to section 52A (2).

It is important to note that the maximum penalty which applies depends on the seriousness and aggravating factors of the case.

Dangerous Driving Occasioning Grievous Bodily Harm

Dangerous driving occasioning grievous bodily harm is when a person drives without the proper care and attention expected of a reasonable driver which causes another individual grievous bodily harm. However, if a person who drives a motor vehicle with the intention of causing death or grievous bodily harm to another person which results in someone’s death or severe injury may be guilty of murder.

Grievous bodily harm is defined by the courts to include any permanent or serious disfiguring of the person and the destruction of a foetus. A minor cut or bruise cannot be considered grievous bodily harm.