Aggravated Dangerous Driving Occasioning Grievous Bodily Harm

Dangerous Driving Occasioning Grievous Bodily Harm if the person  if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation that make the offence more serious.

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Dangerous Driving Occasioning Grievous Bodily Harm

s 52A(3) of the Crimes Act 1900 provides that a person commits Dangerous Driving Occasioning Grievous Bodily Harm if the person driving a vehicle is involved in an impact that causes grievous bodily harm another person AND at the time of the impact, the driver was: under the influence of alcohol or a drug; or driving at a speed dangerous to others, or in a manner dangerous to others.

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Aggravated Dangerous Driving Occasioning Death

Section 52A(2) of the Crimes Act 1900 says that a person commits Aggravated Dangerous Driving Occasioning Death if the person driving commits the offence of Dangerous Driving Occasioning Death (see the basic form of the offence) in circumstances of aggravation that make the offence more serious.

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Dangerous Driving occasioning Death

s 52A(1) of the Crimes Act 1900 says that a person commits Dangerous Driving Occasioning Death if the person driving is involved in an impact that causes the death of another person AND at the time of the impact, the driver was: under the influence of alcohol or a drug; or driving at a speed dangerous to others, or in a manner dangerous to others.

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Negligent Driving Occasioning Grievous Bodily Harm

Section 117(1)(b) provides that a person must not drive in a negligent manner that occasions grievous bodily harm. (NB: Grievous bodily harm is defined as a ‘really serious injury’.)

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Negligent Driving Occasioning Death

The legal definition of negligent driving is: “...where it is proved beyond reasonable doubt that the accused person drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances.”

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Negligent Driving

The legal definition of negligent driving is: “...where it is proved beyond reasonable doubt that the accused person drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances.”

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Failing to stop and assist

If you fail to stop and assist after an accident, you may be either charged under: s 146 of the Road Transport Act 2013, or s 52AB of the Crimes Act 1900.

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Police Pursuit

A ‘police pursuit’ (or Skye’s Law) charge is more serious than a ‘fail to stop’ charge.

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Fail to stop for Police

Under s 36A of the Law Enforcement (Power and Responsibilities) Act 2002 (“LEPRA”), police have the power to direct a driver to pull over to the side of the road where they reasonably suspect that a driver, or a passenger, has breached a law.

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