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

Dangerous Navigation Occasioning Death

A person commits the offence of dangerous navigation occasioning death if the vessel they navigated is involved in an impact occasioning another person’s death and, at the time of the impact, the person was navigating the vessel while:

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

A person convicted is liable to imprisonment for 10 years.

Aggravated dangerous navigation occasioning death

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

A person convicted is liable to imprisonment for 14 years.

Dangerous Navigation Causing Grievous Bodily Harm

A person commits the offence of dangerous navigation causing grievous bodily harm if the vessel they navigated is involved in an impact occasioning grievous bodily harm to another person and, at the time of the impact, they were navigating the vessel while

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

A person convicted is liable to imprisonment for 7 years.

Aggravated dangerous navigation occasioning grievous bodily harm

A person commits the offence of aggravated dangerous navigation causing grievous bodily harm if they commit dangerous navigation 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 accused:

• had a prescribed concentration of alcohol in their breath or blood
• was navigating the vessel at a speed exceeding the speed limit
• was navigating the vessel 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 person being:

• under the influence of intoxicating liquor or of a drug or a combination of drugs, or
• to the speed at which the vessel was navigated, or
• to the manner in which the vessel was navigated.

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.

See author's posts