The consequences are particularly serious where another person has been killed or seriously injured. NSW law provides separate offences for dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm, with aggravated versions carrying higher maximum penalties.

At Chidiac & Associates, we provide experienced criminal defence representation to clients facing dangerous driving charges throughout Sydney and New South Wales. We carefully examine the circumstances of the alleged driving, the Prosecution evidence and whether the legal elements of the offence can be established.

What is Dangerous Driving?

The most serious dangerous driving offences are contained in section 52A of the Crimes Act 1900 (NSW).

A person may be guilty of dangerous driving occasioning death or grievous bodily harm where their vehicle is involved in an impact causing the relevant death or injury and, at the time of the impact, the driver was:

• under the influence of intoxicating liquor or a drug;
• driving at a speed dangerous to another person or persons; or
• driving in a manner dangerous to another person or persons.

The precise charge will depend upon the circumstances of the alleged driving, the consequences of the incident and whether circumstances of aggravation are alleged.

Dangerous Driving Occasioning Death

Under section 52A(1) of the Crimes Act 1900 (NSW), a person commits dangerous driving occasioning death where:

1. the vehicle they were driving is involved in an impact occasioning the death of another person; and
2. at the time of the impact, they were:
   
   • under the influence of intoxicating liquor or a drug;
   • driving at a speed dangerous to another person or persons; or
   • driving in a manner dangerous to another person or persons.

Maximum penalty

10 years' imprisonment.

Licence disqualification

Dangerous driving occasioning death is a major offence for the purposes of the Road Transport Act 2013.

For a person with no previous major offence within the relevant five-year period, the applicable disqualification is:

• Automatic/default disqualification: 3 years
• Minimum court-ordered disqualification: 12 months

For a person with a previous major offence within the relevant five-year period:

• Automatic/default disqualification: 5 years
• Minimum court-ordered disqualification: 2 years

The court is required to consider whether the automatic period should be varied. The automatic period is therefore not necessarily the period that will ultimately apply.

Aggravated Dangerous Driving Occasioning Death

Under section 52A(2), a person commits aggravated dangerous driving occasioning death where they commit the offence under section 52A(1) in circumstances of aggravation.

Circumstances of aggravation include where, at the time of the impact:

• the prescribed concentration of alcohol was present in the accused's breath or blood;
• the accused was driving more than 45 km/h above the applicable speed limit;
• the accused was driving to escape pursuit by police; or
• the accused's ability to drive was very substantially impaired by a drug or combination of drugs.

Maximum penalty

14 years' imprisonment.

Licence disqualification

The same major-offence disqualification provisions apply.

No previous major offence within 5 years:

• Automatic/default: 3 years
• Minimum: 12 months

Previous major offence within 5 years:

• Automatic/default: 5 years
• Minimum: 2 years

The court has the power to reduce the automatic period, provided it does not go below the applicable statutory minimum.

Dangerous Driving Occasioning Grievous Bodily Harm

Under section 52A(3), a person commits dangerous driving occasioning grievous bodily harm where:

1. their vehicle is involved in an impact occasioning grievous bodily harm to another person; and
2. at the time of the impact, they were:
   
   • under the influence of intoxicating liquor or a drug;
   • driving at a speed dangerous to another person or persons; or
   • driving in a manner dangerous to another person or persons.

Maximum penalty

7 years' imprisonment.

Licence disqualification

No previous major offence within 5 years:

• Automatic/default: 3 years
• Minimum: 12 months

Previous major offence within 5 years:

• Automatic/default: 5 years
• Minimum: 2 years

Aggravated Dangerous Driving Occasioning Grievous Bodily Harm

Under section 52A(4), aggravated dangerous driving occasioning grievous bodily harm is committed where the offence under section 52A(3) occurs in circumstances of aggravation.

Maximum penalty

11 years' imprisonment.

Licence disqualification

No previous major offence within 5 years:

• Automatic/default: 3 years
• Minimum: 12 months

Previous major offence within 5 years:

• Automatic/default: 5 years
• Minimum: 2 years

What Are the Circumstances of Aggravation?

Section 52A(7) identifies circumstances of aggravation for the purposes of the aggravated dangerous driving offences.

These include:

• a prescribed concentration of alcohol being present in the accused's breath or blood;
• driving at more than 45 km/h above the speed limit;
• driving to escape pursuit by police; and
• driving while the person's ability to drive was very substantially impaired by a drug or combination of drugs.

The presence of a circumstance of aggravation can increase the maximum term of imprisonment substantially.

Elements of Dangerous Driving

The precise elements depend upon the offence charged.

1. The Accused Was Driving the Vehicle

The Prosecution must establish that the accused person was driving the vehicle involved in the relevant incident.

Issues concerning identification may therefore become important, particularly where there are competing accounts of who was driving.

2. The Vehicle Was Involved in an Impact

For a section 52A offence, the vehicle must have been involved in an impact occasioning death or grievous bodily harm.

The legislation specifies circumstances in which a vehicle is taken to be involved in an impact, including circumstances where the vehicle overturns, leaves the road or causes an impact involving another vehicle, object or person.

3. Death or Grievous Bodily Harm Occurred

Depending upon the charge, the Prosecution must establish either:

• the death of another person; or
• grievous bodily harm to another person.

Medical and forensic evidence may therefore be central to the Prosecution case.

4. The Driving Was Dangerous in the Relevant Sense

The Prosecution must establish that, at the time of the impact, the accused was:

• under the influence of intoxicating liquor or a drug;
• driving at a dangerous speed; or
• driving in a dangerous manner.

A collision alone does not establish dangerous driving.

The circumstances surrounding the driving must be carefully examined.

What Makes Driving "Dangerous"?

Whether driving was dangerous is assessed by reference to the circumstances of the particular case.

Relevant evidence may include:

• the speed of the vehicle;
• the applicable speed limit;
• traffic conditions;
• road conditions;
• weather and visibility;
• lane positioning;
• overtaking;
• intersections and traffic signals;
• braking;
• acceleration;
• swerving or other manoeuvres;
• the presence of pedestrians or other road users;
• alcohol or drug evidence; and
• CCTV, dashcam or other video footage.

The Prosecution must prove the relevant offence beyond reasonable doubt.

Negligent Driving

Not every dangerous driving allegation is prosecuted under the Crimes Act 1900.

Section 117 of the Road Transport Act 2013 (NSW) creates offences involving negligent, furious, reckless or dangerous driving.

Negligent driving occasioning death

For a first offence, the maximum penalty is:

• 30 penalty units, or
• 18 months' imprisonment, or
• both.

For a second or subsequent offence:

• 50 penalty units, or
• 2 years' imprisonment, or
• both.

Negligent driving occasioning grievous bodily harm

For a first offence, the maximum penalty is:

• 20 penalty units, or
• 9 months' imprisonment, or
• both.

For a second or subsequent offence:

• 30 penalty units, or
• 12 months' imprisonment, or
• both.

Negligent driving not occasioning death or grievous bodily harm

The maximum penalty is:

• 10 penalty units.

Furious, Reckless or Dangerous Driving

Under section 117(2) of the Road Transport Act 2013, a person must not drive a motor vehicle on a road:

• furiously;
• recklessly; or
• at a speed or in a manner dangerous to the public.

Maximum penalty

For a first offence:

• 20 penalty units, or
• 9 months' imprisonment, or
• both.

For a second or subsequent offence:

• 30 penalty units, or
• 12 months' imprisonment, or
• both.

The court must consider all relevant circumstances, including the nature, condition and use of the road and the amount of traffic actually present or reasonably expected to be present.

Licence disqualification

Where section 117(2) applies, it is a major offence for licence-disqualification purposes.

For a person with no previous major offence within five years:

• Automatic/default: 3 years
• Minimum: 12 months

For a person with a previous major offence within five years:

• Automatic/default: 5 years
• Minimum: 2 years.

Menacing Driving

Dangerous driving allegations can also involve menacing driving under section 118 of the Road Transport Act 2013.

Intentionally menacing another person

The maximum penalty for a first offence is:

• 30 penalty units, or
• 18 months' imprisonment, or
• both.

For a second or subsequent offence:

• 50 penalty units, or
• 2 years' imprisonment, or
• both.

Menacing where the driver ought to have known

The maximum penalty for a first offence is:

• 20 penalty units, or
• 12 months' imprisonment, or
• both.

For a second or subsequent offence:

• 30 penalty units, or
• 18 months' imprisonment, or
• both.

The applicable licence consequences should be assessed according to the person's driving history and the applicable provisions of the Road Transport Act 2013.

Dangerous Driving and Alcohol or Drugs

Alcohol and drug use can significantly affect the nature of a dangerous driving Prosecution.

Under section 52A, driving under the influence of intoxicating liquor or a drug can form the basis of dangerous driving occasioning death or grievous bodily harm.

Evidence may include:

• breath analysis;
• blood testing;
• urine testing;
• drug testing;
• medical evidence;
• witness observations;
• CCTV or dashcam footage; and
• evidence concerning the driver's behaviour.

The legislation also contains specific evidentiary provisions concerning alcohol and drug concentrations. For example, where the Prosecution establishes the prescribed concentration of alcohol at the relevant time, statutory presumptions may apply.

Defending a Dangerous Driving Charge

Being charged with dangerous driving does not mean that you are guilty.

The Prosecution bears the burden of proving every element of the offence beyond reasonable doubt.

Depending upon the circumstances, issues may include:

• whether the accused was driving the vehicle;
• whether the vehicle was involved in the alleged impact;
• whether the Prosecution can establish causation;
• whether the alleged death or injury was caused in the manner alleged;
• whether the driving was dangerous;
• whether the alleged speed is accurate;
• whether the accused was under the influence of alcohol or drugs;
• whether the Prosecution can establish a circumstance of aggravation;
• whether witness evidence is reliable;
• whether CCTV or dashcam evidence contradicts the Prosecution case; and
• whether the Prosecution evidence establishes the charge beyond reasonable doubt.

Each matter must be assessed according to its individual facts and evidence.

Evidence in Dangerous Driving Cases

Dangerous driving Prosecutions can involve substantial forensic and technical evidence.

Depending upon the circumstances, the Prosecution may rely upon:

• CCTV footage;
• dashcam footage;
• police body-worn camera footage;
• eyewitness evidence;
• vehicle inspection reports;
• accident reconstruction evidence;
• photographs;
• GPS or vehicle data;
• mobile phone records;
• blood, breath or urine analysis;
• medical evidence;
• road and traffic information; and
• statements made by the driver or other witnesses.

At Chidiac & Associates, we carefully examine the evidence relied upon by the Prosecution and consider whether it establishes the elements of the offence charged.

Licence Disqualification for Dangerous Driving

Licence disqualification is an important consequence of a dangerous driving conviction.

Under section 205 of the Road Transport Act 2013, dangerous driving offences are major offences carrying mandatory licence disqualification consequences. The court must consider the applicable automatic disqualification period and whether it should be varied.

The relevant period depends upon whether the offender has committed or been convicted of another major offence within the preceding five years.

No previous major offence

The default/automatic period is generally:

3 years

The court may reduce this period, but not below:

12 months

Previous major offence within 5 years

The default/automatic period is generally:

5 years

The court may reduce this period, but not below:

2 years

The court may also impose a longer period of disqualification.

This means that the automatic disqualification should not simply be treated as the inevitable final period of licence loss. The court has a statutory power to vary the period, subject to the applicable minimum.

The NSW Court of Criminal Appeal has confirmed that a sentencing court must turn its mind to whether the automatic period should be varied.

Dangerous Driving Penalties - Minimum, Automatic and Maximum

The licence disqualification provisions are in addition to the criminal penalty.

Importantly, the "maximum" licence period is not a fixed statutory maximum in the same way as the imprisonment maximum. The legislation permits the court to order a period longer than the automatic/default period, while specifying the minimum period to which it can reduce the disqualification.

How We Can Help

Dangerous driving matters require careful analysis of the driving, collision circumstances, forensic evidence and applicable legislation.

At Chidiac & Associates, we provide:

• confidential advice about your dangerous driving charge;
• representation during police investigations;
• advice concerning police interviews;
• analysis of accident and collision evidence;
• examination of CCTV and dashcam footage;
• analysis of speed and vehicle evidence;
• consideration of alcohol and drug evidence;
• advice regarding potential defences;
• representation at court appearances;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings and trials; and
• sentencing advice and representation, including advice concerning licence disqualification.

Our approach is built on thorough preparation, careful analysis of the evidence and strong courtroom advocacy.