Dangerous Driving

Section 52A of the Crimes Act 1900 (NSW) sets out various dangerous driving offence they are as follows;

1. Dangerous driving occasioning grievous bodily harm; and
2. Aggravated dangerous driving occasioning grievous bodily harm.
3. Dangerous driving occasioning death; and
4. Aggravated dangerous driving occasioning death; and

 

THE LAW

Section 52A (5) of the Crimes Act 1900

S52A (5) sets out a number of ways an impact involving the death of, or grievous bodily harm to, a person can occur: –

1. The vehicle overturned, or left the road whilst conveying the deceased in or on that vehicle (whether or not he or she was a passenger or otherwise);
2. A collision (impact) between the vehicle and any object, whilst the deceased was in or on the vehicle;
3. A collision between the deceased and the vehicle;
4. A collision between your vehicle and another vehicle;
5. A collision between your vehicle and an object in which, or on which, or near which, the deceased was at the time of the impact.
6. An impact with anything on, or attached to your vehicle;
7. An impact with anything falling from the vehicle.

Aggravating factors

The Court will take into consideration any aggravating factors involved in your case some examples include: –

• The injuries inflicted;
• Degree of speed;
• Showing off or competitive driving;
• Degree of intoxication or of substance abuse;
• Erratic or aggressive driving;
• Number of people put at risk;
• Length of the journey during which others were exposed to risk;
• Failure to heed warnings;
• Being involved in a police pursuit;
• Degree of sleep deprivation; and
• Failing to stop

 

Maximum/Possible Penalties

For ordinary dangerous driving causing GBH offenders can be punished with a prison sentence of up to 2 years (if heard in the Local Court) whereas the maximum penalty for offenders is imprisonment for 7 years if heard in the District Court.

If there are aggravating circumstances the maximum period of imprisonment increases to 11 years.

In terms of licence disqualifications, the automatic disqualification (For a First Offence) is 3 years. However, the court has the power to reduce this period to 12 months if the circumstances permit.

The automatic disqualification (for Second offence) is 5 years. However, the court has the power to reduce this period to 2 years if the circumstances permit.

Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.

In NSW, a court can impose any of the following penalties for Dangerous Driving charge of:

• Full-time imprisonment; or
• An Intensive Correction Order (ICO); or
• A Community Correction Order (CCO); or
• A Conditional Release Order (CRO) and/or
• Fine.

 

THE FACTS THAT MUST BE PROVEN

Since Dangerous Driving offence is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the elements in the charge beyond reasonable doubt.

For dangerous driving occasioning grievous bodily harm;

• You were driving the vehicle;
• Under the influence of intoxicating liquor or of a drug; or
• At a speed dangerous to another person(s);
• In a manner dangerous to another person(s) and
• Grievous bodily harm occurred

Grievous bodily harm is bodily injury of a ‘really serious kind’. This includes any permanent or serious disfiguring of the person, broken bones, damage to in internal organs or the destruction of the foetus of a pregnant woman.

For dangerous driving occasioning death

To establish dangerous driving occasioning death, the prosecution must prove the above plus that; –

• A person died as a result.

 

Defences

Some of the possible defences available for those charged with Dangerous Driving are set out in Section 52A(iii) Crimes Act 1900(NSW) which states:

It is a defence to any charge under this section if 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 a combination of drugs;
• to the speed at which the vehicle was driven, or
• To the manner in which the vehicle was driven

 

CHOICES AT LAW OPTIONS

For Dangerous Driving, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.