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Dangerous Driving Occasioning Death

Driving – Other Traffic Offences – NSW

Welcome to the NSW Dangerous driving occasioning death article page. Everything you need to know about Dangerous driving occasioning death according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Dangerous driving occasioning death

According to NSW Law for the charge of Dangerous driving occasioning death:

The Maximum Penalty – Dangerous driving occasioning death

According to NSW Law for the charge of Dangerous driving occasioning death, the maximum penalty for this offence is 10 years imprisonment. If the offence is aggravated the maximum penalty is 14 years goal.

What the Police must prove according to NSW Law for Dangerous driving occasioning death

In order for the Police to prove the offence of Dangerous driving causing death, they must prove each of the following matters beyond a reasonable doubt.

  1. Death was occasioned to any person.
  2. Through any of the following:
    • (a) The vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle;
    • (b) An impact between any object and the vehicle while the person is being conveyed in or on that vehicle;
    • (c) An impact between the person and the vehicle;
    • (d) The impact of the vehicle with another vehicle or an object in, on or near which a person is at the time of the impact;
    • (e) An impact with anything on or attached to the vehicle;
    • (f) An impact with anything that is in motion through falling from the vehicle; and
    • (g) At the time the vehicle was driven by the accused either under the influence or intoxicating liquor, under the influence of a drug, at a speed dangerous to another person, or in a manner dangerous to another person.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under NSW Law – Dangerous driving occasioning death

The Crimes Act provides a defence to this offence. Section 52A Crimes Act states:

  1. It is a defence to any charge under this section if the death occasioned by the impact was not in any way attributable:
    • (a) to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or
    • (b) to the speed at which the vehicle was driven, or
    • (c) to the manner in which the vehicle was driven.

Other possible defences to this offence include but are not limited to

  • Duress
  • Necessity

In NSW which court will hear the matter – Dangerous driving occasioning death

This matter is strictly indictable and can only be dealt with in the District Court before a judge.

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