Law Information - Driving - Dangerous Driving Offences - SA

Reckless and Dangerous Driving

Date: 09/01/2009

The Law - To be guilty of this offence the person must have driven the motor vehicle in a culpably negligent manner, recklessly or at a speed or in a manner that was dangerous to the public. As with manslaughter, a very high degree of negligence is needed. A momentary lack of attention in the person's driving would rarely be sufficient.

The Maximum Penalty for Reckless and Dangerous Driving

Penalties - death or grievous injury  
For a first offence of causing death or grievous injury by reckless driving the penalty is imprisonment for a maximum of ten years and licence disqualification for a minimum of five years. The penalty for a subsequent offence is imprisonment for up to fifteen years and licence disqualification for a minimum of ten years [Criminal Law Consolidation Act 1935 s 19a(1)]. As is the case with any minimum period of licence disqualification for an indictable offence under the   Criminal Law Consolidation Act 1935   the court can increase the period of disqualification as it thinks fit.

Penalties - injury (not grievous)  
Where injury (but not grievous injury) is caused, the penalty for a first offence is imprisonment for a maximum of four years and licence disqualification for a minimum of one year. For a subsequent offence the penalty is imprisonment for up to six years and disqualification for not less than three years [Criminal Law Consolidation Act 1935 s 19a(3)].

Where the offence causing an injury was committed by using a vehicle other than a motor vehicle, or an animal, the penalty is imprisonment for up to two years.

What the prosecution must prove - Reckless and Dangerous Driving

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Possible Defences - Reckless and Dangerous Driving

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The Court process - Reckless and Dangerous Driving

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A lesser offence to causing death or injury is driving in a reckless manner or at a speed or a manner which is dangerous to the public [Road Traffic Act 1961 s 46(1)], See Dangerous Driving.