Dangerous Driving Occasioning Death or Grievous Bodily Harm
The offence known as Dangerous Driving Causing Death or Grievous Bodily Harm is an extremely serious charge that carries severe consequences if convicted. The Western Australian Road Traffic Act 1974 – Sect 59 sets these penalties as varying under the circumstances unique to individual cases.
Because the sentence you receive is potentially life-altering, you should get in touch with a legal expert who is experienced in defending cases like this.
At WN Legal, our team will work to get you the best outcome possible for the charges.
What is Dangerous Driving?
Dangerous driving is defined as operating a motor vehicle in a manner that is dangerous to the public. According to the Road Traffic Act 1974, section 61, this includes driving in a way that poses a risk to others on the road, whether due to speed, recklessness, or other dangerous behaviour.
Dangerous driving causing death or grievous bodily harm
Dangerous driving causing death or grievous bodily harm is defined as operating a motor vehicle in a dangerous manner that results in the death or serious injury of another person. According to the Road Traffic Act 1974, section 59, this includes driving recklessly, at high speed, or in any way that endangers the safety of others and leads to severe consequences.
Behaviours leading to the charge of dangerous driving causing death or grievous bodily harm include,
- Reckless Driving Behavior
- Under the Influence of Drugs or Alcohol
- Excessive Speed
- Loss of Control
- Tragic Consequences
Grievous Bodily Harm (GBH) in the Context of this Case
Western Australian Law defines Grievous Bodily Harm (GBH) as any bodily injury severe enough or potentially severe enough to endanger life and cause or potentially cause permanent harm to health.
The court defines Grievous Bodily Harm (GBH) as physical injury that endangers or is likely to jeopardize life or to cause, or be likely to cause, permanent injury to health.
What are the Penalties for the Charge of Dangerous Driving Resulting in Grievous Bodily Harm or Death?
In Western Australia, the penalties are as follows:
Dangerous Driving Resulting in Grievous Bodily Harm: If found guilty in a formal court proceeding, the highest penalty is 14 years of imprisonment if the offence is committed under aggravated circumstances. Otherwise, the penalty can be up to seven years of imprisonment.
Dangerous Driving Resulting in Death: If convicted in a formal court proceeding, the maximum penalty is 20 years of imprisonment if the offence occurs under aggravated circumstances. Otherwise, the penalty can be up to 10 years of imprisonment.
What the Prosecution Must Prove and Consideration of Defences
To be guilty of this offence, you do not have to intend to drive in a dangerous matter. The prosecution must prove that at the time of the incident,
- The driver was involved in an incident resulting in death or grievous bodily harm
- And at the time of the incident, the driver was:
- Under the influence of alcohol to the extent of being incapable of proper control.
- Under the influence of drugs to the extent of being incapable of proper control.
- Under the influence of both alcohol and drugs to the extent of being incapable of proper control.
- Driving in a manner dangerous to the public or any person, considering all circumstances, including speed.
Possible defences include if the conduct of driving is not dangerous, reckless or careless, depending on circumstances. Job-related reasoning such as being employed as an emergency service worker and the offence occurred during the course of duty can only explain speed, and is inadequate as a defence for this charge.
Please contact WN Legal’s criminal defence lawyers to understand more about what you are charged with and whether you should defend your charges.
Your Trusted Legal Experts in Western Australia
If you are charged with dangerous driving occasioning death or grievous bodily harm, the first thing you need to do is contact WN Legal. As one of Western Australia’s best-established boutique law firms, we are confident in representing you and getting the best outcome.
Our team of experienced lawyers have a unique understanding of traffic law and its penalties. The prosecution must prove you were knowingly engaging in dangerous driving outside the limits of the law. Our clients who are charged with this offence often receive a reduced sentence for careless driving, especially when the driver has a clean record and is being charged for the first time.
Our team will work diligently to ensure you get the best possible outcome.
Kryan & Khew are extremely compassionate and professional. They are very thorough and don’t miss anything, I was super impressed with their genuine personalities while they remained professional and businesslike throughout my dealing with them. I would not hesitate to recommend my family, friends, and business clients to them.
I was recently charged with aggravated common assault. WN Legal represented me from day one till the case was finalized. They are affordable, professional, knowledgeable, and sensitive. They kept me updated on the progress of the case. Despite the seriousness of the charge the outcome was the best I could expect – a fine and spent conviction. I would recommend WN Legal for all your legal problems.
“Khew and Aimee were both so amazing and helpful, Khew ran through everything to make sure we understood everything that had to happen and how things would work. I had Aimee with me on the big day and she was super kind and made you feel so comfortable like a best friend was with you, no nerves at all! She even walked me to the car to make sure I was safe, and we came away with a positive outcome 😀 win-win defiantly recommend this company 5 stars.”
“WN Legal are far superior to any legal firm we have dealt with before and they have set the bar so high we doubt we will ever find a legal firm as dedicated and professional.
We dealt mainly with Kyran who was readily accessible and exceeded our expectations. We also found the rest of the team at WN legal to be just as helpful, friendly, and genuine.
We highly recommend WN Legal to anyone.
If we could leave a rating higher than 5 stars we would, Mark and Marina”
“Absolutely the best service. I was treated in a professional manner and when i was about to give up Khew turned around and said i am not ready to give up fighting for you yet. Some of the best words said to me in awhile. Thank you Khew for all your help and support i highly recommend this law firm.”
Dangerous Driving FAQs
What Constitutes Dangerous Driving?
It is driving in a manner that endangers others’ lives, such as excessive speeding, aggressive maneuvers, or ignoring traffic rules.
- Mishandling the vehicle, leading to a collision resulting in death
- Driving well above the speed limit
- Ignoring road conditions (e.g., wet roads) while driving at high speeds
- Losing control of the vehicle due to reckless driving
- Collisions caused by this loss of control resulting in fatalities
- The collision caused the death of another person
Under Which Circumstances Will I Be Charged With for This Offence?
- Reckless driving behaviour
- Under the influence of drugs or alcohol
- Excessive speed
- Loss of control
- Tragic consequences
What Does Prosecution Need to Prove for This Charge?
- You were the person driving the vehicle
- You impeded the person who was driving
- Your driving or obstruction of the driver was dangerous
- Death or grievous bodily harm was the result of your driving or interference with the driver
What Happens If Medical Intervention Occurred to The Injured Person?
If an accident victim suffers bodily harm as a result of your dangerous driving, receives medical intervention and dies, the cause of death is judged to be dangerous driving.
In the case of GBH, it makes no difference if the harm may have been avoided or was avoided because of medical intervention.
What are the Penalties for Dangerous Driving Causing Grievous Bodily Harm and Death?
Dangerous Driving Occasioning Grievous Bodily Harm: The maximum penalty, if convicted on indictment, is 14 years if the offence occurs in aggravated circumstances. Otherwise, the penalty is up to 7 years of imprisonment.
Dangerous Driving Occasioning Death: If convicted on indictment, the maximum penalty is 20 years if the offence occurs in aggravated circumstances. Otherwise, the penalty is up to 10 years of imprisonment.
Will I Go To Jail for This Case?
- Jail time for conviction of GBH is a maximum of seven years
- Jail time for conviction of aggravated GBH is a maximum of 14 years
- Jail time for conviction of Dangerous Driving Occasioning Death is a maximum sentence of 10 years
- Jail time for a conviction of Aggravated Dangerous Driving Occasioning Death is a maximum sentence of 20 years
However, these penalties are not mandatory, and other sentencing options exist.
Will This Show Up in My Record?
The offence is disclosable and will appear on a police record check as a traffic conviction.
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WN Legal – Perth’s Leading Lawyers for Dangerous Driving Charges
If you are involved in a motor vehicle accident and face Dangerous Driving, Occasioning Death or Grievous Bodily Harm charges, obtaining experienced legal counsel is crucial.
At WN Legal, our skilled legal team has assisted hundreds of clients and are available to discuss your situation and your options.
We got these clients the best possible outcome and can do the same for you. Do not hesitate to reach out to us if you need help with this or any other criminal charges.