Dangerous driving occasioning death
Crimes Act 1900 (NSW) s 52A(1)
Get advice first
- Hanna Legal — for advice about your matter, call (02) 9268 0444.
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For advice about your matter, speak to Hanna Legal on (02) 9268 0444.
This page is sourced to the Act and section shown below and has been reviewed by Hanna Legal. It explains the law in general terms and does not tell you what to do in your own matter, and it does not create a lawyer–client relationship. Always confirm the current law and speak to Hanna Legal about your situation.
What it is, in plain English
Driving a vehicle that is involved in an impact causing another person's death, at a speed or in a manner dangerous to others, or while under the influence of alcohol or a drug.
What the police must prove (the elements)
For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.
- You drove a vehicle
- The vehicle was involved in an impact
- The impact caused the death of another person
- At the time of the impact you were under the influence of alcohol or a drug, OR driving at a speed dangerous to another person, OR driving in a manner dangerous to another person (judged objectively — what a reasonable person would consider dangerous)
Which court & maximum penalty
This is a strictly indictable offence. It starts in the Local Court but is committed to the District Court, where it is heard by a judge (and, at a trial, a jury). It must be run with a lawyer.
Maximum penalty: 10 years imprisonment
Time limits
There is no general 6-month time limit for an indictable offence like this one — it can be commenced later. This is a guide only; for advice about your matter, speak to Hanna Legal.
Read the law
Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.