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DRIVING & TRAFFIC OFFENCES

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CARELESS & DANGEROUS DRIVING

The Road Safety Act 1986 carries the offences of Careless Driving (Section 65) and Dangerous Driving Section (Section 64). The key difference between the two charges is a mandatory loss of licence and/or jail for Dangerous Driving whereas Careless Driving attracts demerit points and a fine.

The seriousness of the charge of Dangerous Driving can escalate under the Crimes Act 1958 where a person is seriously injured or died as a result of the driving (Section 319). The dangerousness of the driving need not be the sole cause of death, but it must be the ‘substantial and operating cause’.

If there are other factors involved such as drugs or alcohol, the charge of Culpable Driving Causing Death (Section 318) is typically laid as the head charge.

PROOF, PENALTIES & DEFENCES.

Careless Driving.

The prosecutor has to prove that you failed to exercise the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.

Defences:

  • You drove with a reasonable amount of care and attention in the circumstances.

  • Whilst a driver is obliged to take into account ‘anything that is reasonably probable’, he or she is not obliged to act ‘on the basis of the occurrence of unlikely possibilities’

Penalties – S65 Road Safety Act 1986: 

  • Maximum fine of $960 (1st offence);
  • Maximum fine of $1,896 (2nd offence);
  • loss of 3 demerit points.

Dangerous Driving.

The prosecutor has to prove that you drove at speed or in a manner that is dangerous to the public in the circumstances.

Defences:

  • That you drove with care and attention in the circumstances;
  • That there was no real risk to the public.

Penalties – S64 Road Safety Act 1986:

  • Maximum fine of $38,400 (240pu) and or jail up to 2 years;
  • Cancellation of licence for 6 months (Manner Dangerous);
  • Cancellation of licence for 12 months if speeding over 45kph (Speed Dangerous).

Dangerous Driving Causing Death or Serious Injury.

The prosecutor has to prove that you drove at speed or in a manner that is dangerous to the public in the circumstances; and the dangerous driving caused a serious injury or death of another person.

Defences:

  • That you drove with care and attention in the circumstances;
  • That there was no real risk to the public;
  • Mechanical failure of the vehicle;
  • Medical impairment at the time;
  • That the dangerousness of the driving did not cause the death or serious injury;
  • In the case of serious injury, the injury was not serious at law.

Penalties – S319 Crimes Act 1958:

  • Up to 10 years jail (where death is caused);
  • Up to 5 years jail (where serious injury is caused);
  • Cancellation of licence for 18 months.

Culpable Dangerous Driving Causing Death.

The prosecutor has to prove that you drove a motor vehicle, that you were culpable (as in being reckless, negligent, or affected by alcohol/drugs), and that culpable driving caused the death of a person.

Defences:

  • That you were not driving at the time;
  • Mechanical failure of vehicle;
  • That you were not culpable or were merely careless;
  • Medical impairment at the time;
  • That the culpable driving did not cause the death.

Penalties – S318 Crimes Act 1958:

  • Max fine $436,176 (2400pu) and/or up to 20 years jail.
  • 2  years cancellation of licence.

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