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:

  1. a “prescribed concentration of alcohol” of 0.15 grammes or more, 
  2. driving at a speed dangerous that exceeds more than 45km of the speed limit,
  3. involvement in a police pursuit
  4. 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?

Let us help. Get in Touch.

Appointments can be conducted via:

  • zoom,
  • phone or
  • face-to-face at our office.

World Square
Level 45, 680 George Street,
P: (02) 9145 1262 or 0407 122 230
By appointment only

Leave us a message

This field is for validation purposes and should be left unchanged.