CRIMES ACT 1900 - SECT 29 Culpable driving of motor vehicle
CRIMES ACT 1900 - SECT 29
Culpable driving of motor vehicle(1) In this section:
"drug"—see the Road Transport (Alcohol and Drugs) Act 1977
, dictionary.
(2) A person who, by the culpable driving of a motor vehicle, causes the death of another person is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
(3) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 16 years.
Note Section 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
(4) A person who, by the culpable driving of a motor vehicle, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(5) However, for an aggravated offence against subsection (4), the maximum penalty is imprisonment for 12 years.
(6) For this section, a person shall be taken to drive a motor vehicle culpably if the person drives the vehicle—
(a) negligently; or
(b) while under the influence of alcohol, or a drug, to such an extent as to be incapable of having proper control of the vehicle.
(7) For this section, a person shall be taken to drive a motor vehicle negligently if the person fails unjustifiably and to a gross degree to observe the standard of care that a reasonable person would have observed in all the circumstances of the case.
(8) An information or indictment for an offence against subsection (2) or (4) shall specify the nature of the culpability, within the meaning of subsection (6), that is alleged.
(9) Nothing in subsection (8) renders inadmissible in proceedings for an offence against subsection (2) or (4) evidence that, apart from that subsection, would be admissible in the proceedings.
(10) Nothing in this section affects—
(a) the liability of a person to be convicted of murder or manslaughter or any other offence; or
(b) the punishment that may be imposed for such an offence.
Note Under the Road Transport (General) Act 1999
, s 62 (Automatic disqualification for culpable driving), if a person is convicted, or found guilty, of an offence against this section, the person is automatically disqualified from holding or obtaining a driver licence.
(11) A person who has been convicted or acquitted of an offence against subsection (2) or (4) is not liable to be convicted of any other offence against this Act on the same facts or on substantially the same facts.
(12) Subject to section 49, a person is not liable to be convicted of an offence against subsection (2) or (4) if the person has been convicted or acquitted of any other offence on the same facts or on substantially the same facts.