Causing death or serious harm by careless use of vehicle
From 1 January 2024, it is an offence to drive a vehicle without due care or attention or without reasonable consideration for any person if that conduct causes the death of or serious harm to another person [Criminal Law Consolidation Act 1935 (SA) s 19ABA].
Where the offending involved the use of a motor vehicle , the maximum penalty is:
- for a basic offence - imprisonment for 5 years and licence disqualification for 1 year or longer if the court so orders
- for an aggravated offence - imprisonment for 7 years and licence disqualification for 3 years or longer if the court so orders.
Pursuant to s 5AA(1ab), causing death or serious harm by careless use of a vehicle will be aggravated if the offender
- knew they were, at the time of the offence, disqualified from driving or their licence was suspended
- had a blood alcohol content of 0.08 or more
- was driving under the influence [Road Traffic Act 1961 (SA) s 47] or with a prescribed drug in their system [Road Traffic Act 1961 (SA) s 47BA]
- was driving an ultra high powered vehicle with the automated intervention system disabled [Road Traffic Act 1961 (SA) s 44C]
- knew they were driving a motor vehicle with a material defect, if the material defect contributed to the commission of the offence. A material defect is defined in s 5AA(5) as a defect that could affect the safe operation of the vehicle.
Instant Loss of Licence
If a police officer reasonably believes that a driver has committed an offence against s 19ABA, they may issue an instant loss of licence notice (ILOL notice) [Criminal Law Consolidation Act 1935 (SA) s 19AF(1)].
If a person is charged with an offence against s 19ABA, the Commissioner of Police must give them an ILOL notice [s 19AE].
A driver who receives an ILOL notice may apply to the Magistrates Court to have the ILOL notice removed [s 19AE(6), s 19AF(6)]. The Court may only make such an order if satisfied that exceptional circumstances exist such that it is appropriate to do so, and the driver does not pose a substantial risk to the public if an order is made.
Causing death or serious harm by careless use of vehicle : Last Revised: Tue Jan 2nd 2024
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