Charged with dangerous driving occasioning death or grievous bodily harm?
A dangerous driving charge involving death or grievous bodily harm is one of the most serious driving matters a person can face. These cases are rarely about one fact alone. The prosecution case may depend on speed, fatigue, alcohol or drugs, road conditions, expert evidence and whether the alleged driving actually caused the death or injury.
How we can help you
We can step in early, review the collision and expert evidence, deal with urgent bail issues and identify the parts of the prosecution case that require closer scrutiny. You deal directly with Principal Lawyer Ali El-Darwich as the matter progresses.
Before a police interview or court date
If police want to interview you about the collision, obtain legal advice before deciding whether to participate. Statements about speed, fatigue, alcohol or drugs, road conditions and the events immediately before impact can become important evidence.
Keep bail papers, the Court Attendance Notice and any police or vehicle-seizure documents. Preserve dashcam footage, photographs, messages and details of witnesses or other material relevant to the collision.
Where a death is alleged
Where a death is alleged, the prosecution must prove both the required dangerous driving and the connection between that driving and the death. The precise circumstances matter, including what was happening immediately before the collision.
The prosecution may allege dangerous driving because of alcohol or drugs, excessive speed, or the way the vehicle was being driven. For the basic offence occasioning death, the maximum penalty is 10 years' imprisonment.
When police allege aggravated circumstances
The charge becomes aggravated where police allege additional serious features, such as high-range alcohol, very excessive speed, attempting to evade police or severe impairment by drugs. The maximum penalty for aggravated dangerous driving occasioning death is 14 years' imprisonment.
Where grievous bodily harm is alleged
This offence applies where the collision causes grievous bodily harm rather than death. The same dangerous-driving elements apply, and the maximum penalty is 7 years' imprisonment.
When the GBH charge is aggravated
This is the aggravated form of the grievous bodily harm offence and applies where one or more of the serious circumstances described above are alleged. The maximum penalty is 11 years' imprisonment.
What counts as a "vehicle impact"?
The law defines a wide range of situations as a vehicle “impact”, including collisions with other vehicles, objects or pedestrians, as well as passengers being thrown from or falling from a vehicle.
Defending a dangerous driving charge
A defence may be available where the death or injury was not attributable in any way to the driver's intoxication, speed or manner of driving.
When deciding whether the driving was dangerous, the court can consider matters such as intoxication, speed and the manner of driving. The surrounding road and traffic conditions can also be important.
The prosecution still has to prove the necessary causal connection between the driving and the death or injury alleged.
How sentencing is approached after Cripps v R
The Court of Criminal Appeal changed the sentencing approach to section 52A offences in Cripps v R [2026] NSWCCA 144. The earlier numerical guideline was revoked, so the court now focuses on the objective seriousness of the individual case and ordinary sentencing principles.
The decision also makes clear that imprisonment will be a real issue in most section 52A matters, although the precise outcome still depends on the facts and the available sentencing options.
Preparing to speak with a lawyer
Early preparation matters in a serious driving case. We can review the police brief, collision and scene evidence, toxicology, medical material, witness accounts and any expert evidence before deciding what the real issues are.
When you contact us, have any Court Attendance Notice, bail papers, police facts, licence material and collision-related documents available. Tell us whether police have requested an interview and whether anyone is currently in custody.
Sources
Crimes Act 1900 (NSW) — section 52A and related dangerous-driving provisions.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
