Section 52A of the Crimes Act 1900 (NSW) sets out various dangerous driving offence they are as follows;
Section 52A (5) of the Crimes Act 1900
S52A (5) sets out a number of ways an impact involving the death of, or grievous bodily harm to, a person can occur: –
The Court will take into consideration any aggravating factors involved in your case some examples include: –
For ordinary dangerous driving causing GBH offenders can be punished with a prison sentence of up to 2 years (if heard in the Local Court) whereas the maximum penalty for offenders is imprisonment for 7 years if heard in the District Court.
If there are aggravating circumstances the maximum period of imprisonment increases to 11 years.
In terms of licence disqualifications, the automatic disqualification (For a First Offence) is 3 years. However, the court has the power to reduce this period to 12 months if the circumstances permit.
The automatic disqualification (for Second offence) is 5 years. However, the court has the power to reduce this period to 2 years if the circumstances permit.
Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.
In NSW, a court can impose any of the following penalties for Dangerous Driving charge of:
Since Dangerous Driving offence is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the elements in the charge beyond reasonable doubt.
For dangerous driving occasioning grievous bodily harm;
Grievous bodily harm is bodily injury of a ‘really serious kind’. This includes any permanent or serious disfiguring of the person, broken bones, damage to in internal organs or the destruction of the foetus of a pregnant woman.
For dangerous driving occasioning death
To establish dangerous driving occasioning death, the prosecution must prove the above plus that; –
Some of the possible defences available for those charged with Dangerous Driving are set out in Section 52A(iii) Crimes Act 1900(NSW) which states:
It is a defence to any charge under this section if grievous bodily harm occasioned by the impact was not in any way attributable:
For Dangerous Driving, Rep-Revive Criminal & Employment Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
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At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years.
If you are charged with an offence, our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.