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Causing death or harm by dangerous driving

Any person who drives a motor vehicle in a negligent or reckless manner, at high speed, or in a manner that is dangerous to any person and as a result of that behaviour causes death or harm to another is guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 19A].

Penalties for this offence are very harsh and even a first offence can carry an immediate gaol sentence. The maximum sentence for a first offence is 15 years imprisonment. If the offence is found to be an aggravated offence* or it is a second or subsequent offence, it can carry a term of life imprisonment. The penalty for this offence may also involve a disqualification of at least 10 years, or possibly longer, if a court orders.

* An aggravated offence for the purposes of this offence is an offence committed under the following circumstances:

  • the person committed the offence in the course of attempting to escape pursuit by a police officer;
  • the person was, at the time of the offence, driving a vehicle knowing that he or she was disqualified from holding a driver’s licence or his or her licence was suspended;
  • the person committed the offence as part of a prolonged, persistent and deliberate course of bad driving;
  • the person committed the offence while there was present in his or her blood a blood alcohol level of 0.08 grams or more of alcohol in 100 millilitres of blood;
  • the person was, at the time of the offence, driving a vehicle in contravention of s 45A (excessive speed), s 47 (driving under the influence) or s 47BA (driving with a prescribed drug in oral fluid or blood) of the Road Traffic Act 1961 (SA).

[Criminal Law Consolidated Act 1935 (SA) s 5AA(1a)]

Instant Loss of Licence

If a driver is formally charged with the offence of causing death by dangerous driving (via the laying of an Information in court), the Commissioner of Police must then as soon as is reasonably practicable give the driver a notice of immediate licence disqualification or suspension 'ILOL notice.'The Commissioner of Police must ensure the prescribed details of the notice are forwarded to the Registrar of Motor Vehicles. The Registrar of Motor Vehicles must then post a separate notice of licence disqualification or suspension to the driver [Criminal Law Consolidation Act 1935 (SA) s 19AE(1-4)].

A police officer also has the ability to issue an ILOL notice where they reasonably believe that a driver has committed the offence of death by dangerous driving [Criminal Law Consolidation Act 1935 (SA) s 19AF(1)]. The prescribed period of disqualification under an ILOL notice issued in such circumstances is up to 12 months [s 19AF(17)].

An ILOL notice must be in writing, and personally served on the driver, or if the driver consents to receiving the notice by email, via the nominated email address provided [Criminal Law Consolidation (General) Regulations 2021 (SA) reg 6A]. the ILOL notice must contain the prescribed particulars as defined in Schedule 1 of the Criminal Law Consolidation (General) Regulations 2021 (SA).

A driver who receives a ILOL notice may apply to the Magistrates Court for an order lifting the disqualification or suspension. The Court may only make such an order if satisfied that exceptional circumstances exist such that it is appropriate to do so, and the person does not pose a substantial risk to the public if an order is made [s 19AE(6); s 19AF(6)].

Causing death or harm by dangerous driving  :  Last Revised: Fri Dec 17th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.