Dangerous Driving Charges

Sydney Criminal Lawyers has an in-depth understanding of the laws relating to dangerous driving; including the 'guideline judgment' and the extensive case-law on the nature and level of dangerousness required to establish the offence. We can accurately advise on whether a defence is available to the charge; including:

• 'honest and reasonable mistake of fact',
• 'necessity', and
• lack of 'causal connection' between the alleged 'dangerousness' and the death or GBH.

We have, over many years, developed highly effective techniques for defending dangerous driving cases, which has given us an envied reputation amongst the legal community.

We have, on many occasions, persuaded prosecutors to withdraw dangerous driving charges on the basis that there is insufficient evidence to prove 'dangerousness' or where a defence is clearly made-out.

We have successfully defended numerous cases over the years and had proceedings dismissed altogether.

Where the evidence against our client is strong, we frequently negotiate far less serious charges (eg negligent driving) and persuade courts to deal with our clients under 'Section 10' (no conviction, fine or licence disqualification) or by way of a good behaviour bond or fine.

Section 52A(1) of the Crimes Act 1900 (NSW) provides that:

• A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:
  • (a) under the influence of intoxicating liquor or of a drug, or
  • (b) at a speed dangerous to another person or persons, or
  • (c) in a manner dangerous to another person or persons.

The maximum penalty is 10 years imprisonment.

Section 52A(2) of the Act increases the maximum penalty to 14 years imprisonment where one or more 'circumstances of aggravation' are present. Those 'circumstances' are where:

• S52A(7)
  • (a) the prescribed concentration of alcohol was present in the accused's breath or blood, or
  • (b) the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or
  • (c) the accused was driving the vehicle to escape pursuit by a police officer, or
  • (d) the accused's ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).

Section 52A(3) of the Act is the same as section 52A(1), except it applies to situations where 'grievous bodily harm' is suffered by the victim/s. The maximum penalty is 7 years imprisonment.

Section 52A(4) of the Act is the same as s52A(2), except it applies to situations where 'grievous bodily harm' is suffered by the victim/s. The maximum penalty is 11 years imprisonment.

In the case of R v Whyte [2002], the NSW Court of Criminal Appeal set down a 'guideline' for judges to consider when sentencing defendants in dangerous driving cases. The Court held that in the 'typical' dangerous driving case:

• 'a custodial sentence will usually be appropriate unless the offender has a low level of moral culpability, as in the case of momentary inattention or misjudgment'.

The 'typical case' is one involving: (i) a young offender, (2) of good character with no or limited prior convictions, (3) death or permanent injury to a single person, (4) victim is a stranger, (5) no or limited injury to the driver or the driver's intimates, (6) genuine remorse, (7) plea of guilty.

The Court went on to state that:

• 'Where the offender's moral culpability is high, a full time custodial head sentence of less than three years (in the case of death) and two years (in the case of grievous bodily harm) would not generally be appropriate'.

The maximum penalties and 'guideline judgment' make it clear that dangerous driving is treated very seriously by the courts.

These cases must be treated equally seriously by suitably experienced traffic defence lawyers. You can rest assured that our Accredited Criminal Law Specialists will provide you with the strongest defence available. Don't be represented by a 'non accredited criminal lawyer', get the best.