What is aggravated dangerous driving occasioning grievous bodily harm?

s 52A(4) of the Crimes Act 1900 provides that a person commits Aggravated 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.

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 grievous bodily harm?

The maximum penalty for this offence is 11 years imprisonment.

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