Dangerous Driving occasioning Death

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 alcohol, or driving at a dangerous speed or in a manner dangerous to others.

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.

Possible defences include:

• Necessity – you drove in a dangerous manner to avoid a greater harm from occurring. EG. Driving an injured person to hospital.
• Duress – you were coerced against your will drive dangerously.
• An intervening event caused you to drive dangerously. (EG. falling debris.)
• The impact was not the cause of death.
• You were not speeding, or driving in dangerous manner or under the influence of drugs or alcohol. (Pharmacological or accident reconstruction experts may be engaged.)
• Your vehicle had a defect that you were not aware of.
• You were not the driver of the vehicle.