Dangerous Driving Causing
GBH or Death
What is Dangerous Driving Causing GBH or Death
Dangerous Driving causing Grievous Bodily Harm or death, is an extremely serious offence, which often results in a penalty of full-time imprisonment. The matters can be deal with in both the Local and District Courts, and is the dependent on the seriousness of the injury and whether the Prosecution decides to ‘elect’ the matter to have it heard in a higher Court.
Dangerous Driving Causing GBH or Death & The Law
Dangerous Driving causing death is an offence under Section 52A(1) of the Crimes Act 1900.
Dangerous Driving occasioning Grievous Bodily Harm is an offence under Section 52A(3) of the Crimes Act 1900.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused was driving a motor vehicle on a road
The accused drove the vehicle dangerous, and as a result caused the person to suffer either grievous bodily harm or death
It should be noted an offence such as this which is deemed to be of strict liability, there is no requirement on the part of the Prosecution to prove that the accused had intent to drive in a danger manner. It is simply sufficient to show that the accused did in fact drive in a dangerous manner.
The injury sustained by the victim could have come about in a number of ways including:
A collision between the victim and the accused’s vehicle
A collision between a foreign object and the accused’s vehicle in the vicinity of the victim
An overtaking or overturning driving manoeuvre
The accused being under the influence of drugs or alcohol at the time of the impact
The accused driving at a dangerous speed or manner at a vicinity close to the victim prior to impact
Going to Court – “What am I looking at?”
If the matters remain in the Local Court, the maximum penalty is a term of imprisonment of 2 years.
However, if the matter proceeds to being heard in the District court,
Dangerous Driving causing GBH carries a maximum period of imprisonment of 7 years.
while Dangerous Driving causing death carries a maximum period of imprisonment of 10 years.
Lawyer Call – here to help..
Being charged with Dangerous Driving Causing GBH or death, can be overwhelming due to the seriousness of the charge, and the implications this could have on your life, family and future career goals. At Lawyer Call, we seek to understand the exact details of the incident first and foremost.
Our expert Traffic Lawyers have extensive experience in conducting powerful pleas before a Magistrate, with in-depth preparation and gathering of the right documentation in support of your character, and addressing every possible avenue of mitigating the seriousness of this offence.
Alternatively, should you wish to proceed in contesting such a charge, our experienced team of defence solicitors is on hand to provide appropriate and honest legal advice regarding the prospects of defending this charge and fighting this in Court at a trial before a Jury.
At Lawyer Call we have the expertise and appropriate Barristers and Senior Legal Counsel available for trial work. We understand that the correct management of such a sensitive case through the long Court processes is crucial to putting up the right fight.
If you have been charged with this offence, please call our office immediately on 1300 LAW 111.