Elements of the offence

Any person who drives a 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

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

Even where a death or serious harm is not caused to any person it is possible to receive a penalty of up to 5 years imprisonment and a disqualification of at least 1 year.

Pursuant to s 5AA, an offence against s 19A is aggravated if the offender:

Instant Loss of Licence

If a driver is formally charged with an offence against s 19A involving the use of a motor vehicle (via the laying of an Information in court), the Commissioner of Police must as soon as 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 an offence against s 19A involving the use of a motor vehicle [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)].