Dangerous Drive Occasioning Grievous Bodily Harm

In New South Wales, it is an offence to drive dangerously and occasion grievous bodily harm to another person. The maximum penalty for this offence is 7 years imprisonment.  If the offence occurs under circumstances of aggravation, the maximum penalty is 11 years imprisonment.This offence also carries an automatic 3-year licence disqualification period, with a minimum period of 12 months and a 5 year licence disqualification period in circumstances of aggravation.  

What is Dangerous Driving Occasioning Grievous Bodily Harm?

The offence of Dangerous Driving Occasioning Grievous Bodily Harm is set out in Section 52A(3) and 52A(4) (circumstances of aggravation) of the Crimes Act 1900 (NSW). Section 52A(3) states: 

1. Dangerous driving occasioning grievous bodily harm – A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle –

1. 1. Under the influence of intoxicating liquor or of a drug, or
   2. At a speed dangerous to another person or persons, or
   3. In a manner dangerous to another person or persons.

The offence of Aggravated Dangerous Driving Occasioning Grievous Bodily Harm is set out in Section 52A(4) of the Crimes Act 1900 (NSW) which states:

1. A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation.

What are ‘Circumstances of Aggravation?’

Pursuant to Section 52A(7) of the Crimes Act 1900 (NSW), the circumstances of aggravation are:

1. The prescribed concentration of alcohol was present in the accused’s breath or blood, or
2. The accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45km/h, the speed limit (if any) application to that length of road, or
3. The accused was driving the vehicle to escape pursuit by a police officer, or
4. The accused’s ability to drive was very substantially impaired by the fact 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).

The following acts might constitute Dangerous Driving Occasioning Grievous Bodily Harm:

• You drive across designated lane lines and hit another car, causing the other driver to break their leg and arm.
• You run a red light and hit a pedestrian that was crossing the road, causing them to sustain a deep cut, causing blood loss.

What must be proven?

For a person to be found guilty of Dangerous Driving Occasioning Grievous Bodily Harm, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You were driving a motor vehicle;
• Your driving was dangerous;
• You were involved in an impact with another;
• Your dangerous driving and the impact caused grievous bodily harm to another person.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences for Dangerous Driving Occasioning Grievous Bodily Harm

The following defences may be available for a Dangerous Driving Occasioning Grievous Bodily Harm charge:

• That you were not the driver of the vehicle at the time of the incident;
• That your driving was not dangerous;
• Self-defence (e.g. your driving was a result of you protecting yourself or another from imminent harm).
• Duress.
• Automatism.

Common Questions about Dangerous Driving Occasioning Death

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely.

A Court can impose any of the following penalties for a Dangerous Driving Occasioning Grievous Bodily Harm charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this. 

What factors influence sentencing for this offence?

Whether you entered a plea of guilty at the earliest convenient occasion, the degree of dangerousness, your prior driving record and criminal history and whether you showed remorse, are some factors which influence sentencing.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.