Section 52A of the Crimes Act 1900 (NSW) deals with the offence
of ‘Dangerous Driving Occasioning Death.’
This offence is committed when a
person drives a vehicle in a manner that is dangerous to the public, and as a result of that dangerous driving, someone dies.
To prove the offence of ‘Dangerous
Driving Occasioning Death’ it should be also noted that the prosecution must
prove beyond a reasonable doubt the following elements:
1.
The accused person was driving a vehicle.
2.
The accused person drove the vehicle in a manner that was dangerous to the
public.
3.
As a result of the accused person’s dangerous driving, someone died.
The prosecution can prove that the
accused person was driving a vehicle by showing that the accused person was in
control of the vehicle. For example, this can be done by showing that the
accused person was sitting in the driver’s seat of the vehicle, or by showing
that the accused person was steering the vehicle.
The prosecution can prove that the
accused person drove the vehicle in a manner that was dangerous to the public
for example by showing that the accused person was driving at a speed that was
excessive for the conditions, or by showing that the accused person was driving
in a reckless or negligent manner.
The prosecution can prove that
someone died as a result of the accused person’s
dangerous driving by showing that the person died as a result of injuries that
were sustained in the accident.
The offence of dangerous driving
occasioning death is a serious offence. If convicted of this offence under section
52A(1) of the Crimes Act 1900,
then the maximum penalty for this offence is imprisonment for 10 years.
In addition to the criminal
penalties, the accused person may also be liable for civil damages.
This means that the accused person
may be ordered to pay compensation to the family of the deceased.
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*This article correctly reflects the Laws of NSW as at 31st August 2023.
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