Dangerous driving is an offence under Section 52A of the Crimes Act 1900 (NSW), including dangerous driving occasioning death or grievous bodily harm. It carries various penalties, including imprisonment.

Dangerous Driving Occasioning Death

A person commits the offence of dangerous driving occasioning death if the vehicle they are driving is involved in an impact occasioning the death of another person, and at the time of the impact, the driver was:

• under the influence of intoxicating liquor or drugs, or
• driving at a speed dangerous to others, or
• driving in a manner dangerous to others.

A person convicted is liable to imprisonment for 10 years.

Aggravated dangerous driving occasioning death

A person commits the offence of aggravated dangerous driving occasioning death if they commit dangerous driving occasioning death in circumstances of aggravation.

A person convicted is liable to imprisonment for 14 years.

Dangerous Driving Occasioning Grievous Bodily Harm

A person commits the offence of dangerous driving occasioning grievous bodily harm if the vehicle they are driving is involved in an impact occasioning grievous bodily harm to another person, and at the time of the impact the driver was:

• under the influence of intoxicating liquor or drugs, or
• driving at a speed dangerous to others, or
• driving in a manner dangerous to others.

A person convicted is liable to imprisonment for 7 years.

Aggravated dangerous driving occasioning grievous bodily harm

A person commits the offence of aggravated dangerous driving occasioning grievous bodily harm if they commit dangerous driving occasioning grievous bodily harm in circumstances of aggravation.

A person convicted is liable to imprisonment for 11 years.

Circumstances of Aggravation

Circumstances of aggravation include situations where the driver:

• had a prescribed concentration of alcohol in their breath or blood
• was exceeding the speed limit by more than 45 kilometres per hour
• was driving to escape police pursuit
• was very substantially impaired due to drugs or a combination of drugs

Defences

It is a defence to a charge under this section if the death or grievous bodily harm was not attributable to the driver being:

• under the influence of alcohol or drugs,
• the speed of the vehicle,
• or the manner in which the vehicle was driven.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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