DANGEROUS DRIVING CAUSING DEATH
The maximum penalty for the offence of dangerous driving causing death is 10 years imprisonment. If the offence is aggravated the maximum penalty is 14 years goal.
According to Crime Act 1900 under Section 52 A, a person is guilty of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact resulting to the death of another person and the driver of the vehicle at that time was driving:
- Under the influence of intoxicating liquor or drugs;
- At a speed that is dangerous to another person;
- In a manner that is dangerous to another person.
This is a serious criminal offense that is punishable by ten years of imprisonment.
A person who drives a motor vehicle with the intention of causing death or grievous bodily harm (that is, very serious injury) which actually results in someone’s death may be guilty of murder.
The maximum penalty is life imprisonment. There is also Dangerous Driving Causing Grievous Bodily Harm (GBH) which is a serious criminal offence too and may involve long periods in prison. According to Section 52A(3) of the Crimes Act (1900) in NSW a dangerous driving offence which causes grievous bodily harm is if a vehicle which is driven by the person is involved in an impact which causes grievous bodily harm to someone else and the driver was, when the accident took place, driving the vehicle while he or she was has been drinking alcohol or a drug and driving or at a speed which endangers one or more people.
The maximum penalty in NSW for dangerous driving which causes grievous bodily harm is 7 years in prison. If a person is convicted of aggravated dangerous driving which causes grievous bodily harm, it could mean up to 11 years in prison.
It is sometimes difficult for the prosecution to determine if grievous bodily harm has taken place or if the offence was aggravated. It is in these situations that it is important to hire a lawyer who will carefully evaluate the case and decide what the chances are of mounting a successful defence.