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CRIMES (DANGEROUS DRIVING OFFENCES) AMENDMENT
BILL 1994*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The Traffic (Negligent Driving Offences) Amendment Bill 1994 is cognate with this
Bill.
The object of this Bill is to amend the Crimes Act 1900 to implement certain
recommendations of the Staysafe Committee in its report tabled in the Legislative
Assembly on 8 March 1994 relating to section 52A (culpable driving) of the Act. The
amendments:
replace the offence of culpable driving with the following four offences:
· dangerous driving occasioning death;
· aggravated dangerous driving occasioning death;
· dangerous driving occasioning grievous bodily harm;
· aggravated dangerous driving occasioning grievous bodily harm; and
increase the penalties in relation to dangerous driving offences and provide for
higher maximum sentences of imprisonment if aggravating circumstances (such
as having the prescribed concentration of alcohol or driving at an excessive
speed) are involved; and
provide that, for the purposes of the offences, there is a conclusive presumption
that a person is under the influence of intoxicating liquor if the person has a
blood alcohol concentration of 0.15 grammes or more per 100 millilitres of
blood; and
ensure that the offences extend to all mechanically propelled or horse-driven
vehicles, whether on public roads or private land.
Amended in committee--see table at end of volume.
The proposed Act also provides that any of the offences may be established if the
prosecution proves that the driver of a vehicle caused a collision between other vehicles
or between another vehicle and an object or person. Apart from this, the other
circumstances that may presently give rise to an offence are retained, though the section
is in a recast form. The recast form of the section will not affect the elements that the
prosecution is presently required to prove to establish an offence.
The proposed Act also makes a consequential amendment to the Criminal Records
Act 1991.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedule of amendments to
the Crimes Act 1900.
Clause 4 is a formal provision that gives effect to the Schedule of amendments to
the Criminal Records Act 1991.
Schedule 1 makes the amendments to the Crimes Act 1900 described above.
Schedule 2 makes the amendments to the Criminal Records Act 1991 described
above.