201 Elizabeth Street
Sydney NSW 2000
99 William Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
This matter is strictly indictable and can only be dealt with in the District Court before a judge. (An indictable offence is a serious offence which is usually tried before a judge and jury)
A person is guilty of the offence of aggravated dangerous driving occasioning death if the person commits the offence of dangerous driving occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
In order for the police to prove the offence of dangerous driving causing death, they must prove each of the following matters beyond a reasonable doubt.
It will be necessary for the police to prove that the accused was the person who committed the offence.
The Crimes Act provides a defence to the offence. Section 52A Crimes Act states:
It is a defence to any charge under this section if the death occasioned by the impact was not in any way attributable:
Other possible defences to this offence include but are not limited to
Section 52A (1) Crimes Act states a person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:
A person convicted of an offence under this subsection is liable to imprisonment for 10 years.
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.