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Dangerous Driving Causing Death or Serious Injury

Driving – Other Traffic Offences – VIC

Welcome to the VIC Dangerous driving causing death or serious injury article page. Everything you need to know about Dangerous driving causing death or serious injury according to VIC law.

What the Law States according to VIC Law for Dangerous driving causing death or serious injury

According to VIC Law for the charge of Dangerous driving causing death or serious injury,

Crimes Act 1958 – SECT 319
Dangerous driving causing death or serious injury

319. Dangerous driving causing death or serious injury

(1) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(1A) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes serious injury to another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

(2) In this section serious injury has the meaning given by section 15.

The Maximum Penalty – Dangerous driving causing death or serious injury

According to VIC Law for the charge of Dangerous driving causing death or serious injury:

(1) death- 10 years
(1A) Serious injury- 5 years

What the Police must prove according to VIC Law for Dangerous driving causing death or serious injury

1. That the accused was driving the vehicle
2. The accused was driving at a speed or in a manner that was dangerous
3. That the driving caused the death of a person (s319(1) or
4. That the driving caused the serious injury of a person (s319(1A)

Possible Defences under VIC Law – Dangerous driving causing death or serious injury

1. Factual dispute
2. Identification

In VIC which court will hear the matter – Dangerous driving causing death or serious injury

County Court

 

Date: 09/01/2009

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