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.

 

 

Why Should you Choose Nicopoulos Sabbagh Lawyers to represent you in your Court Case?

 

Nicopoulos Sabbagh Lawyers a reputable Law Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex matters and our office appears in all Jurisdictions in Criminal Law. No matter is too complex for the team so be sure to book your first Free Consultation today!

 

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

 

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.

 

*This article correctly reflects the Laws of NSW as at 31st August 2023.

 

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

 

 

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