(c) has been previously convicted either upon
indictment or summarily of an offence against this section;
the person commits
a crime.
Penalty—
Maximum penalty—400 penalty units or 5 years
imprisonment.
(3) If the offender has been—
(a) previously convicted
either upon indictment or summarily of an offence against this section
committed while the offender was adversely affected by an intoxicating
substance; or
(b) twice previously convicted either upon indictment or
summarily (or once upon indictment and once summarily) of the same
prescribed offence or different prescribed offences;
the court or justices
shall, upon conviction, impose as the whole or part of the punishment,
imprisonment.
(4) A person who operates, or in any way interferes with the
operation of, a vehicle dangerously in any place and causes the death of or
grievous bodily harm to another person commits a crime and is liable on
conviction on indictment—
(a) to imprisonment for 10 years, if neither
paragraph (b) nor (c) applies; or
(b) to imprisonment for 14 years if, at the
time of committing the offence, the offender is—
(i) adversely affected by
an intoxicating substance; or
(c) to imprisonment for
14 years, if the offender knows, or ought reasonably know, the other person
has been killed or injured, and the offender leaves the scene of the incident,
other than to obtain medical or other help for the other person, before a
police officer arrives.
"operates, or in any way interferes with the operation of, a vehicle
dangerously" means operate, or in any way interfere with the operation of, a
vehicle at a speed or in a way that is dangerous to the public, having regard
to all the circumstances, including—
(a) the nature, condition and use of
the place; and
(b) the nature and condition of the vehicle; and
(c) the
number of persons, vehicles or other objects that are, or might reasonably be
expected to be, in the place; and
(d) the concentration of alcohol in the
operator’s blood or breath; and
(e) the presence of any other substance in
the operator’s body.
"place" does not include a place being lawfully used to race or test vehicles
under a licence or another authority under an Act and from which other traffic
is excluded at the time.
"prescribed offence" means—
(a) an offence against this section; or
(b) an
offence charged on indictment involving the driving or operation of a vehicle
at a speed causing or likely to cause injury to anyone; or