Under Section 52A of the Crimes Act 1900 (NSW), it is a serious criminal offence to cause death or grievous bodily harm while driving a vehicle dangerously. There are four main offences under this provision, depending on the circumstances and the outcome of the incident.
A person can be charged if they were involved in a crash that caused the death of another person, and were at the time:
Under the influence of alcohol or drugs, or
Driving at a dangerous speed, or
Driving in a dangerous manner.
Maximum penalty: 10 years imprisonment.
This involves the same conduct as above, but in more serious circumstances—such as:
Having a high-range blood alcohol reading (0.15 or above),
Speeding by more than 45 km/h over the limit,
Attempting to evade police, or
Being severely impaired by drugs.
Maximum penalty: 14 years imprisonment.
This offence applies if the crash causes serious injury (grievous bodily harm) rather than death. The same dangerous driving elements apply.
Maximum penalty: 7 years imprisonment.
This is the aggravated form of the above offence, committed in the same serious circumstances listed earlier.
Maximum penalty: 11 years imprisonment.
The law defines a wide range of situations as a vehicle “impact,” including crashes with other vehicles, objects, or pedestrians, as well as passengers being thrown from the vehicle or falling off.
It is a defence if the death or injury occasioned by the impact was not in any way attributable to:
The driver’s intoxication, whether by intoxicating liquor or a drug,
The speed of the vehicle, or
The manner in which the vehicle was driven.
If you are facing a charge of dangerous driving, it is crucial to obtain legal advice without delay. These offences are treated very seriously by the courts and can result in significant penalties, including lengthy imprisonment and disqualification from driving. A conviction may also have lasting impacts on your employment and liberty. At ED Legal, we have the knowledge and experience to defend clients against these complex allegations. In many cases, expert reports, such as site examination or toxicology evidence can play a vital role in challenging the prosecution’s case. Get in touch with our team today for clear advice and dedicated representation.
