Section 52A(4) of the Crimes Act 1900 (NSW) deals with the offence
of ‘Aggravated Dangerous Driving Occasioning Grievous Bodily Harm. 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 suffers grievous bodily harm.
The offence is aggravated if
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, 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 suffered
grievous bodily harm; 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 suffered grievous bodily harm as a result of
the accused person’s dangerous driving for example by showing that the person
suffered injuries that were serious enough to endanger their life, or by
showing that the person suffered injuries that were likely to cause permanent
disfigurement or disability.
The prosecution can prove that the
accused person was driving under the influence of alcohol or drugs for example
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 for example 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 grievous bodily harm is a serious offence.
The maximum penalty for this offence
is 11 years imprisonment.
In addition to the criminal
penalties, the accused person may also be liable for civil damages.
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*This article correctly reflects the Laws of NSW as at 31st August 2023.
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