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Last Updated: 16 October 2023
AN ACT TO ESTABLISH THE LAND TRANSPORT AUTHORITY, TO REGULATE THE REGISTRATION AND USE OF VEHICLES, THE LICENSING OF DRIVERS OF VEHICLES AND THE ENFORCEMENT OF TRAFFIC LAWS AND TO PROVIDE FOR THE REPEAL OF THE TRAFFIC ACT AND FOR RELATED MATTERS
[LAT 97] Dangerous driving occasioning death or grievous bodily harm97
97
(2) A person commits the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle—
- (a)under the influence of intoxicating liquor or of a drug;
- (b)at a speed dangerous to another person or persons; or
- (c)in a manner dangerous to another person or persons.
(3) A person commits the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence under subsection (4) in circumstances of aggravation.
(4) A person commits 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—
- (a)under the influence of intoxicating liquor or of a drug;
- (b)at a speed dangerous to another person or persons; or
- (c)in a manner dangerous to another person or persons.
(5) For the purposes of this section, the circumstances in which a vehicle is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following—
- (a)the vehicle overturning or leaving a public street while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise);
- (b)an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise);
- (c)an impact between the person and the vehicle;
- (d)the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact;
- (e)an impact with anything on, or attached to, the vehicle;
- (f)an impact with anything that is in motion through falling from the vehicle.
(6) For the purposes of this section, a vehicle is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if—
- (a)the death or harm is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a public street; and
- (b)the prosecution proves that the first mentioned vehicle caused the impact.
(7) In this section, “circumstances of aggravation” means any circumstances at the time of the impact occasioning death or grievous bodily harm in which—
- (a)more than the prescribed concentration of alcohol was present in the accused's blood; or
- (b)the accused was driving the vehicle concerned on a public street at a speed that exceeded, by more than 45 km per hour, the prescribed speed limit (if any) applicable to that length of public street; or
- (c)the accused was driving the vehicle to escape pursuit by a police or authorised officer.
(8) A person who commits an offence under subsection (1), (2), (3) or (4) is liable on conviction to the prescribed penalty.