What the Law states - Dangerous driving causing death or serious injury
Crimes Act 1958 - SECT 319
Dangerous driving causing death or serious injury319. Dangerous driving causing death or serious injury
(1) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(1A) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes serious injury to another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
(2) In this section serious injury has the meaning given by section 15.
Maximum Penalty for the charge of Dangerous driving causing death or serious injury
(1) death- 10 years
(1A) Serious injury- 5 yearsÂ
What the Prosecution must prove - Dangerous driving causing death or serious injury
1. That the accused was driving the vehicle
2. The accused was driving at a speed or in a manner that was dangerous
3. That the driving caused the death of a person (s319(1) or
4. That the driving caused the serious injury of a person (s319(1A)
Possible Defences - Dangerous driving causing death or serious injury
1. Factual dispute
2. Identification
Which court will hear the charge of Dangerous driving causing death or serious injury
County Court
