Dangerous Driving Occasioning Death

In New South Wales, it is an offence to drive dangerously and occasion the death of another. The maximum penalty for this offence is 10 years imprisonment.  If the offence occurs under circumstances of aggravation, the maximum penalty is 14 years imprisonment. This offence also carries an automatic 3-year licence disqualification period and a 5-year licence disqualification period in circumstances of aggravation. 

What is Dangerous Driving Occasioning Death?

The offence of Dangerous Driving Occasioning Death is set out in Section 52A(1) of the Crimes Act 1900 (NSW) which states:

1. Dangerous driving occasioning death – 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 –

1. 1. Under the influence of intoxicating liquor or of a drug, or
   2. At a speed dangerous to another person or persons, or
   3. In a manner dangerous to another person or persons.

The offence of Aggravated Dangerous Driving Occasioning Death is set out in Section 52A(2) of the Crimes Act 1900 (NSW) which states:

1. 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.

What are ‘Circumstances of Aggravation?’

Pursuant to Section 52A(7) of the Crimes Act 1900 (NSW), the circumstances of aggravation are:

1. The prescribed concentration of alcohol was present in the accused’s breath or blood, or
2. The accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45km/h, the speed limit (if any) application to that length of road, or
3. The accused was driving the vehicle to escape pursuit by a police officer, or
4. The accused’s ability to drive was very substantially impaired by the fact the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).

The following acts might constitute Dangerous Driving Occasioning Death:

• You drive across designated lane lines and hit another car, causing the other driving to die.
• You run a red light and hit and kill a pedestrian that was crossing the road.
• You drive whilst exceeding the speed limit by 50km/h and hit another driver, causing that person to die.

What must be proven?

For a person to be found guilty of Dangerous Driving Occasioning Death, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You were driving a motor vehicle;
• Your driving was dangerous;
• Your dangerous driving caused the death of another person.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences for Dangerous Driving Occasioning Death

The following defences may be available for a Dangerous Driving Occasioning Death charge:

• That you were not the driver of the vehicle at the time of the incident;
• That your driving was not dangerous; 
• Self-defence (e.g. your driving was a result of you protecting yourself or another from imminent harm).
• Duress.
• Automatism.

Common Questions about Dangerous Driving Occasioning Death

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely. In fact, there is a significant risk that you will be sentenced to a full time Gaol sentence even if you have no other criminal record. 

A Court can impose any of the following penalties for a Dangerous Driving Occasioning Death charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this. 

What factors influence sentencing for this offence?

Whether you entered a plea of guilty at the earliest convenient occasion, the degree of dangerousness, your prior driving record and criminal history and whether you showed remorse, are some factors which influence sentencing.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.