Dangerous Driving Cause Death Or GBH

Dangerous Driving Cause Death/Grievous Bodily Harm

Dangerous driving occasioning death is satisfied if the vehicle driven by the driver is involved in an impact occasioning the death of another and the driver was, at the time of the impact, driving the vehicle:
(a) under the influence of intoxicating liquor or of a drug, or
(b) at a speed dangerous to another person.
(c) in a manner dangerous to another person.

A conviction for this offence could result in imprisonment for 10 years.

Aggravated dangerous driving occasioning death is satisfied if a person commits the offence of dangerous driving occasioning death in circumstances of aggravation. 

A conviction for an offence under this subsection could result in imprisonment for 14 years.

Dangerous driving occasioning grievous bodily harm (GBH) is satisfied if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another and the driver was, at the time of the impact, driving:
(a) under the influence of intoxicating liquor or of a drug or
(b) at a speed dangerous to another person or
(c) in a manner dangerous to another person.

A conviction for this offence could result in imprisonment for 7 years.

Aggravated dangerous driving occasioning grievous bodily harm is satisfied if the person commits the offence of dangerous driving occasioning GBH in circumstances of aggravation. 

A conviction for this offence could result in imprisonment for 11 years.

"circumstances of aggravation" means any circumstances at the time of the impact occasioning death or GBH in which: 
(a) the prescribed concentration of alcohol was present in the accused’s breath or blood, or 
(b) the accused was driving the vehicle concerned on a road at a speed that exceeded the applicable speed limit, by more than 45 kilometres per hour, or 
(c) the accused was driving the vehicle to escape pursuit by a police officer, or 
(d) the accused’s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs(whether or not intoxicating liquor was part of that combination). 

Defences It is a defence to any charge under this section if the death or GBH occasioned by the impact was not in any way attributable (as relevant): 
(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. 

These sections also apply to death or GBH occasioned in single vehicle accidents, such as death or GBH to a passenger from rolling a car over or hitting a tree. It could also result from an object that has fallen from your vehicle and is in motion. 

The importance of evidence gathering as early as possible can not be overstated. Chris Kalpage was defending a case of dangerous driving cause death resulting from a motorcycle accident where the pillion rider was killed. The rider was severely injured and not expected to live despite this Chris attended the accident site within hours of the accident and examined it, there was still debris left at the scene and was still fresh. Accordingly damage to foliage and the surroundings were present and could be utilised in the case. The rider survived with horrific injuries and left hospital months later with the need for significant rehabilitation for orthopaedic, and brain injuries. He had no recollection of the accident. He was charged by police, the case that followed was based on various witness statements none of whom saw the accident and a significant amount of scientific evidence. In the end it was the careful investigation by Chris Kalpage, combined with his personal knowledge of motorcycles and the expert’s retained by him that resulted in a successful outcome for the client.

If you are charged with a traffic offence, contact Chris Kalpage, the head solicitor of Kalpage & Co Solicitors, 24/7, rather than facing worry and uncertainty on your own. For more details on dangerous driving cause death, call us (02) 9230 0448 / 0418 211 074 or email: kalpage@aol.com
  
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