Aggravated dangerous driving occasioning death

Dangerous driving occasioning death where a circumstance of aggravation applied — a high-range alcohol reading (0.15 or more), driving more than 45 km/h over the limit, driving to escape police, or driving while very substantially impaired by a drug.

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.

1. All the elements of dangerous driving occasioning death are made out: you drove a vehicle that was involved in an impact causing another person's death, and at the time you were under the influence of alcohol or a drug, or driving at a speed or in a manner dangerous to others
2. At the time of the impact there was also a circumstance of aggravation: (a) a high-range concentration of alcohol (0.15 or more) was present in your breath or blood; OR (b) you were driving more than 45 km/h over the speed limit; OR (c) you were driving to escape pursuit by a police officer; OR (d) your ability to drive was very substantially impaired by a drug (other than alcohol) or a combination of drugs

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: 14 years imprisonment

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.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.