Law Information - Driving - Dangerous Driving Offences - TAS

Dangerous driving causing grievous bodily harm

Date: 09/01/2009

The Law -

Criminal Code Act 1924  SECT 167B

167B. Dangerous driving causing grievous bodily harm

Any person who causes grievous bodily harm to another person by the driving of 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, 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 that is actually at that time, or that might reasonably be expected to be, on the street, is guilty of a crime.

What the prosecution must prove - Dangerous driving causing grievous bodily harm

(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 grievous bodily harm to another person

The Maximum Penalty for Dangerous driving causing grievous bodily harm 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 - Dangerous driving causing grievous bodily harm

(a) Factual dispute

(b) Necessity

(c) Lack of intent

(d) Identification dispute

(e) Mental impairment

(f) Duress

The Court process - Dangerous driving causing grievous bodily harm

Supreme Court