Driving – Drink Driving Offences – NSW
Welcome to the NSW Guideline judgement for dangerous driving article page. Everything you need to know about Guideline judgement for dangerous driving according to NSW law – Dated: 01/09/2009
What the Law States according to NSW Law for Guideline judgement for dangerous driving
According to NSW Law for the charge of Guideline judgement for dangerous driving:
The Maximum Penalty – Guideline judgement for dangerous driving
A full time gaol sentence will usually be appropriate unless the offender has a low level of moral culpability, as in the case of momentary inattention or misjudgment.
Guideline with respect to length of gaol sentences
For offences of dangerous driving causing death and dangerous driving causing grievous bodily harm for the typical case:
Where the offender’s moral culpability is high, a full time gaol head sentence (both non parole and parole period) of less than three years (in the case of death) and two years (in the case of grievous bodily harm) would not generally be appropriate.
The court then listed a number of factors which would make the offence more serious then the typical case. The court listed the following aggravating factors:
(i) Extent and nature of the injuries inflicted.
(ii) Number of people put at risk.
(iii) Degree of speed.
(iv) Degree of intoxication or of substance abuse.
(v) Erratic or aggressive driving.
(vi) Competitive driving or showing off.
(vii) Length of the journey during which others were exposed to risk.
(viii) Ignoring of warnings.
(ix) Escaping police pursuit.
(x) Degree of sleep deprivation.
(xi) Failing to stop.
Items (iii) to (xi) relate to the moral culpability of an offender.
Aggravated factors require a harsher penalty
The court said that where the offence is aggravated an appropriate increment (increase in penalty) is required. Other factors, such as the number of victims, will also require an appropriate increment.