Law Information - Driving - Dangerous Driving Offences - SA

Causing Death by Dangerous Driving

Date: 01/09/2009

The Law - Any person who drives a motor vehicle in a negligent or reckless manner, at high speed, or in a manner that is dangerous to the public and as a result of that behaviour causes death or harm to another is guilty of an offence [Criminal Law Consolidation Act 1935 s 19A].

The Maximum Penalty for Causing Death by Dangerous Driving

Penalties for this offence are very harsh and even a first offence can carry a maximum sentence of 15 years imprisonment. If the offence is found to be an aggravated offence* it can carry a term of life imprisonment. The penalty for this offence will also involve a disqualification of at least 10 years, or possibly longer, if a court orders. Even where a death or serious harm is not caused to any person it is possible to receive a penalty of up to 5 years imprisonment and a disqualification of at least 1 year.

What the prosecution must prove - Causing Death by Dangerous Driving

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Possible Defences - Causing Death by Dangerous Driving

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The Court process - Causing Death by Dangerous Driving

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