Section 52A(2) of the Crimes Act 1900 (NSW) deals with the offence
of ‘Aggravated 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.
It should be noted that this offence is aggravated in circumstances where the
accused person was driving under the influence of alcohol or drugs, or if the
accused person was driving at a speed that was at least 45 km/h over the speed
limit.
To prove this offence of ‘Aggravated
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; AND
2.
The accused person drove the vehicle in a manner that was dangerous to the
public; AND
3.
As a result of the accused person’s dangerous driving, someone died; AND
4.
The accused person was driving under the influence of alcohol or drugs, or was driving at a speed that was at least 45 km/h
over the speed limit.
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 prosecution can prove that the
accused person was driving under the influence of alcohol or drugs by showing
that the accused person had a blood alcohol content of 0.05 or higher, or by
showing that the accused person had drugs in their system.
The prosecution can prove that the
accused person was driving at a speed that was at least 45 km/h over the speed
limit by showing that the accused person was driving at a speed that was at
least 45 km/h over the posted speed limit.
The offence of aggravated dangerous
driving occasioning death is a serious offence. The maximum penalty for this
offence is imprisonment for 14 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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