- About Us
- Criminal Law
- Traffic Offences
- Contact Us
Dangerous Driving Occasioning Grievous Bodily Harm/Death
You will be charged with this offence if you:
- Drove a motor vehicle on a road or road related area
- Drove the vehicle dangerously, causing a person to suffer either grievous bodily harm or death
The maximum penalty for the offence of Dangerous driving causing grievous bodily harm is 7 years. The maximum penalty for the offence of Dangerous driving causing death is 10 years imprisonment. Depending on your traffic record, the likely penalties can range from community service to full time imprisonment. Dangerous Driving occasioning grievous bodily harm/death is considered an extremely serious offence. We advise that you contact one of our solicitors immediately if you are charged with this offence.
What if I didn’t intend to drive dangerously?
This is an offence of ‘strict liability’ this means that the prosecution does not need to prove that you intended to drive in a manner dangerous. If the prosecution can prove beyond reasonable doubt that you drove in a manner dangerous, it does not matter that you did not have the specific intent to do so.
What if I took my eye off the road momentarily?
Inattention of the driver being charged is not a defence to this charge. Again, the question the court will ask is was your manner of driving considered dangerous or not.
What happens if someone gets injured, or someone dies?
You could be charged with Dangerous Driving Occasioning Grievous Bodily Harm, or Dangerous Driving Occasioning Death. These are very serious offences, and can very often lead to a penalty of full-time imprisonment.
Which court will hear my case?
Each offence may be dealt with in either the Local Court or in the District Court. It will be for the Prosecution to decide which Court will hear the matter. Generally, if you cause the death of a person as a result of your dangerous driving, your case will often be heard in the District Court.
What is the penalty for dangerous driving?
The automatic period of disqualification is 3 years, with a minimum of 12 months. A possible $3,300 fine applies as well.
If it is your first offence, you will likely receive the minimum period of disqualification, that is 12 months. You would also likely receive a fine, or in a more serious case, a Section 9 good behaviour bond.
A person is guilty of Dangerous Driving occasioning Death if a vehicle driven by the person is involved in an impact occasioning the death of another person and the person was driving that vehicle in a manner dangerous to another person or persons. If convicted in the Local Court the maximum penalty which can be imposed is a gaol term of up to two years. If heard in the District Court a person may be sentenced to a gaol term of up to 10 years.
A person is guilty of Dangerous Driving occasioning Grievous Bodily Harm if a vehicle driven by the person is involved in an impact occasioning the death of another person and the person was driving that vehicle in a manner dangerous to another person or persons. If convicted in the Local Court the maximum penalty is a gaol term of up to two years. If heard in the District Court a person may receive a gaol term of up to seven years.
There may be a defense if there was a mechanical defect of the vehicle. It is for the defense to raise this and then for the prosecution to disprove it.
Generally, penalties that a court can impose for any criminal offence in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Prison sentence
Case Study - Minimum disqualification for dangerous driving 60km/hr over speed limit
Our client was charged with driving furiously, recklessly or at a speed or in a manner dangerous which carries a disqualification of 3 years and a charge of street racing which carries disqualification of 12 months .
it was alleged our client was involved in a street racing in a residential area reaching speeds up to 130kph in a 70kph speed zone. After extensive negotiations with the police, our solicitor was able to get the charge of driving furiously, recklessly or at a speed or in a manner dangerous withdrawn on the basis our client plead guilty to street racing and a lesser charge of exceeding the speed limit by 30kph (carries a 3 months disqualification).
The matter proceeded for sentence before Magistrate Bartley at Parramatta and our solicitor argued that our clients remorse, completion of the traffic offenders program and need for licence should warrant some degree of leniency despite the seriousness of the offences. The court agreed and imposed a 11 months disqualification for the street racing and 3 months for the exceed speed limit by 30kph charge, both disqualifications to run concurrently.
This was a great result for the client. The negotiation phase of this case was the most pleasing for our firm and the client, with the potential of a three year disqualification eliminated.
Watch our VideoCall for a Free ConsultationCall now to speak to one of our Expert Criminal LawyersOr, let one of our lawyers call you: