Law Information - Driving - Dangerous Driving Offences - TAS

Causing death by dangerous driving

Date: 09/01/2009

The Law -

Criminal Code Act 1924  SECT 167A

167A. Causing death by dangerous driving

Any person who causes the death of another person by the driving of a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including in the case of the driving of a motor vehicle on a public street, the nature, condition and use of the street, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the street, is guilty of a crime.

What the prosecution must prove - Causing death by dangerous driving

(a) That the accused was driving the vehicle
(b) The accused was driving at a speed or in a manner that was  dangerous
(c) That the driving caused the death of a person

The Maximum Penalty for Causing death by dangerous driving is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

Possible Defences - Causing death by dangerous driving

(a) Factual dispute

(b)  Necessity

(c)  Lack of intent

(d)  Identification dispute

(e) Mental impairment

(f) Duress

The Court process - Causing death by dangerous driving

Supreme Court