Legal Help for Dangerous Driving Causing Harm or Death
Dangerous driving causing death or harm is a serious criminal offence under the Criminal Law Consolidation Act 1935 (‘CLCA’) of South Australia. This guide provides an overview of the offence, the prosecution requirements, relevant courts, possible defences, and maximum penalties.
What the Offence Is
Dangerous driving causing death or harm occurs when a person operates a vehicle in a manner that is dangerous to the public and results in the death or serious injury of another person. This offence is governed by Section 19A of the CLCA.
Why You Need Legal Advice
Dangerous driving causing death or harm is a serious criminal offence with significant legal consequences. It is crucial for individuals charged with this offence to seek legal advice from experienced criminal lawyers who can provide guidance on the best course of action, possible defences, and navigate the complexities of the legal system. If you or someone you know is facing such charges, contact Stanley & Co. Lawyers for a confidential consultation.
Helpful Questions & Answers
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What the Prosecution Needs to Prove
To secure a conviction for dangerous driving causing death or harm, the prosecution must establish the following elements beyond a reasonable doubt:
- Identity of the Driver: The accused was driving the vehicle.
- Dangerous Driving: The manner of driving was dangerous to the public.
- Causation: The dangerous driving directly caused the death or harm of another person.
- Serious Harm or Death: The incident resulted in serious harm or the death of a person..
The Relevant Court
Cases of dangerous driving causing death or harm are typically heard in the District Court of South Australia. However, depending on the severity and circumstances, initial proceedings may begin in the Magistrates Court before being committed to the District Court.
What Defences are Available
Several defences can be raised against a charge of dangerous driving causing death or harm:
- Duress: If the driver was forced to drive dangerously due to threats or coercion.
- Necessity: If the dangerous driving was a result of a dire situation where the driver had no choice but to act as they did to avoid a greater harm.
- Mechanical Failure: If the vehicle experienced an unexpected mechanical failure that caused the dangerous driving, and it was not reasonably foreseeable.
- Medical Emergency: If the driver experienced a sudden medical emergency that impaired their ability to drive safely.
- Mistake of Fact: If the driver made an honest and reasonable mistake about a fact which, if true, would have rendered the driving not dangerous.
- You were carrying out your duties as an emergency worke
What are the Specific Maximum Penalties for the Offence
The penalties for dangerous driving causing death or harm are severe, reflecting the serious nature of the offence. Under Section 19A(3)(a) of the CLCA, the maximum penalties include:
- For a first offence
- Basic offence: 15 years imprisonment.
- Aggravated offence: Life imprisonment.
- Licence disqualification of 10 years
- For a subsequent offence
- Basic or Aggravated offence: Life imprisonment
- Licence disqualification of 10 years
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