Dangerous Driving Causing Death or Serious Injury

Dangerous driving causing death or serious injury is a serious offence that will normally mean that you serve a prison term if you are found guilty. This type of charge is heard in the County Court. It is often an alternate charge to a culpable driving charge.

This charge is generally laid in situations where a person was driving a motor vehicle at a speed or in a manner that was dangerous and as a result the driving either caused the death of a person or caused the serious injury of a person.

In essence to prove this charge the Prosecutor must prove that the accused drove a motor vehicle at a speed or in a manner that was dangerous and as a result caused the death of a person or caused the serious injury of a person.

Defences to this can be a factual dispute or wrongful identification.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 319 of the Crimes Act 1958.

Possible Defences

  • Sudden or Extraordinary Emergency
  • Factual Dispute and Concept of Beyond Reasonable Doubt

Penalties

  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

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