Aggravated Dangerous Driving Occasioning Death

What is 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.

What are circumstances of aggravation?

This is defined by section 52A(7)of the Crimes Act 1900 which says that it is:

a “prescribed concentration of alcohol” of 0.15 grammes or more,
driving at a speed dangerous that exceeds more than 45km of the speed limit,
involvement in a police pursuit
being under the influence of a drug or combination of drugs (including liquor)

Other aggravating features that the court might take into account are:

Sleep deprivation.
Injuries sustained to others.
Failing to stop.
Failing to report the incident.
Circumstances at which others were placed at risk.
Duration of the dangerous driving.

What penalties exist for Aggravated Dangerous Driving Occasioning Death?

The maximum penalty for this offence is 14 years imprisonment.

What are my options?

Plead Guilty

This option is recommended where you accept that:

you drove a vehicle on the road or a road related area that caused an impact; and
the impact caused the death of a person or persons; and
at the time of the impact, you were either:
- under the influence of drugs, or
- more than 0.15 grammes of alcohol over the legal limit, or
- driving at a speed of more than 45km of the speed limit, or
- in a manner dangerous to others, or
- involved in a police pursuit

If all the above criteria cannot be met, we will not be advising you to plead guilty.

What possible outcomes exist when pleading guilty?

A non-conviction via a section 10 – asking the court for leniency
- Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
  - a fine or a penalty.
  - a loss of any demerit points
  - a conviction

Note: Due to the seriousness of this charge, this outcome is extremely unlikely.

Conditional release order (“CRO”)
- This is usually subject to a period of good behaviour.
- If an offence is committed during the period of the order, a court may resentence you for the offence committed.
Community Corrections Orders (“CCO”)
- An example of a CCO is performing service within the community.
Intensive Corrections Order (“ICO”)
- This is where a term of imprisonment can be served in the community.
Full-time imprisonment
- Served in a correctional facility.

Plead Not Guilty

Possible defences include:

Necessity – you drive in a dangerous manner to avoid a greater harm from occurring. EG. Driving a person to hospital to receive medical care.
Duress – you were coerced against your will drive dangerously.
An intervening event caused you to drive dangerously.
The impact was not the cause of death.
You were not speeding more than 45km over the legal limit.
You were not under the influence of drugs or alcohol.
You were not aware that you were involved in a police pursuit (if relevant).
Your vehicle had a defect that you were not aware of.
You were not the driver of the vehicle.