This offence is one of the most serious driving offences in NSW and as such is one of ‘strict liability’. This means the prosecution does not need to prove that you intended to drive in a manner dangerous, even if you took your eyes of the road for a brief moment. If the prosecution can prove beyond reasonable doubt that you drove in a manner dangerous, it does not matter that you did not have the specific intent to do so.
The penalty for Dangerous Driving, first offence, is an automatic period of disqualification of 3 years, with a minimum of 12 months and/or a fine of $2,200. It can also carry a maximum term of imprisonment of 9 months.
The penalty for Dangerous Driving, second offence, is an automatic period of disqualification of 5 years, with a minimum of 2 years and/or a fine of $3,300. It can also carry a maximum term of imprisonment of 12 months.
Dangerous driving causing grievous bodily harm
Dangerous driving causing grievous bodily harm is when a person driving a vehicle is involved in an impact that causes grievous bodily harm to another person whilst the driver was either:
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Under the influence of alcohol or drugs;
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Driving at a dangerous speed; or
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Driving in a dangerous manner.
Grievous bodily harm is essentially serious harm caused to another person, causing permanent and serious disfigurement, including to an unborn child.
The maximum penalty for a charge of dangerous driving causing grievous bodily harm is 7 years imprisonment.
Aggravated dangerous driving occasioning grievous bodily harm
This major traffic offence has the same elements as a charge of dangerous driving causing grievous bodily harm, but is committed in circumstances of aggravation.
Circumstances of aggravation includes any of the following:
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Being over the legal limit of alcohol;
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Driving at 45km or more over the speed limit;
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Being involved in a police pursuit; or
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Being significantly affected by drugs.
The penalty for this serious driving offence is higher than a charge of dangerous driving causing grievous bodily harm. The maximum penalty for aggravated dangerous driving occasioning grievous bodily harm is 11 years imprisonment.
Dangerous Driving Occasioning Death
A person is guilty of Dangerous Driving occasioning Death if a vehicle driven by the person is involved in an impact occasioning the death of another person and the person was driving that vehicle in a manner dangerous to another person or persons.
The maximum penalty for the offence of dangerous driving causing death if the matter is heard in the Local Court is 2 years imprisonment. The maximum penalty if the matter is heard in the District Court is 10 years imprisonment. If the offence is aggravated the maximum penalty is 14 years jail.