Elements of the offence

Any person who drives a vehicle in a negligent or reckless manner, or at a 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 indictable offence [Criminal Law Consolidation Act 1935 (SA) s 19A].

Penalties

Penalties for causing death or harm are significant and even a first offence can carry a jail sentence.

The maximum sentence for causing death or serious harm for a first basic offence is 15 years imprisonment and, if the offence involved the use of a motor vehicle, disqualification from driving for 10 years, or longer if a court orders. 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 maximum penalty for causing harm, but not serious harm, for a first basic offence is 5 years imprisonment and, if the offence involved the use of a motor vehicle, disqualification from driving for 1 year, or longer if a court orders. If the offence is found to be an aggravated offence* or it is a second or subsequent offence, the maximum penalty is imprisonment for 7 years and, in the offence involved the use of a motor vehicle, disqualification driving for 3 years, or longer if a court orders.

* An aggravated offence for the purposes of these offences is an offence committed in 1 or more of the following circumstances:

[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 or serious harm 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 of a motor vehicle has committed the offence of death or harm 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)].