South Australian Consolidated Acts South Australian Consolidated Acts19A—Causing death or harm by dangerous use of vehicle or vessel
(1) A person
who—
(a)
drives a vehicle or operates a vessel in a culpably negligent manner,
recklessly, or at a speed or in a manner dangerous to the public; and
(b) by
that culpable negligence, recklessness or other conduct, causes the death of
another,
is guilty of an indictable offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the
offence—
(i)
for a first offence that is a
basic offence—imprisonment for 15 years and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 10 years or such longer period as the
court orders;
(ii)
for a first offence that is an aggravated offence or for
any subsequent offence—imprisonment for life and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 10 years or such longer period as the
court orders;
(b)
where neither a motor vehicle nor motor vessel was used in the commission of
the offence—imprisonment for 7 years.
(3) A person
who—
(a)
drives a vehicle or operates a vessel in a culpably negligent manner,
recklessly, or at a speed or in a manner dangerous to the public; and
(b) by
that culpable negligence, recklessness or other conduct, causes harm to
another,
is guilty of an indictable offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the
offence and serious harm was caused to a person—
(i)
for a first offence that is a
basic offence—imprisonment for 15 years and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 10 years or such longer period as the
court orders;
(ii)
for a first offence that is an aggravated offence or for
any subsequent offence—imprisonment for life and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 10 years or such longer period as the
court orders;
(b)
where a motor vehicle or motor vessel was used in the commission of the
offence but serious harm was not caused to any person—
(i)
for a first offence that is a
basic offence—imprisonment for 5 years and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 1 year or such longer period as the
court orders;
(ii)
for a first offence that is an aggravated offence or for
any subsequent offence—imprisonment for 7 years and, in the case of
an offence involving the use of a motor vehicle, disqualification from holding
or obtaining a driver's licence for 3 years or such longer period as the
court orders;
(c)
where neither a motor vehicle nor motor vessel was used in the commission of
the offence—imprisonment for 5 years.
(5) In determining
whether an offence is a first or subsequent offence for the purposes of this
section all previous offences against subsection (1) or (3), or a
corresponding previous enactment, that involved the driving of a motor vehicle
or the operation of a motor vessel, shall be taken into account except that
such an offence shall not be taken to be a previous offence for the purposes
of subsection (1), or an offence against subsection (3) in which
serious harm was caused to a person, unless it resulted in the death of, or
grievous bodily or serious harm to, the victim.
(6) Where a convicted
person is disqualified from holding or obtaining a driver's licence—
(a) the
disqualification operates to cancel any driver's licence held by the convicted
person as at the commencement of the period of disqualification; and
(b) the
disqualification may not be reduced or mitigated in any way or be substituted
by any other penalty or sentence.
(7) A person is liable
to be charged with and convicted of an offence against subsection (1) in
respect of each person killed, and of an offence against subsection (3)
in respect of each person who suffers harm, in consequence of the same act or
omission (but in determining whether an offence arising out of a particular
act or omission is a first or subsequent offence for the purposes of this
section, a conviction for an offence arising out of the same act or omission
cannot be taken into account).
(8) Where at the trial
of a person for an offence against this section it appears that the defendant
was, or may have been, in a state of self-induced intoxication at the time of
the alleged offence but the evidence adduced at the trial would, assuming that
the defendant had been sober, be sufficient to establish the mental elements
of the alleged offence, the mental elements of the alleged offence shall be
deemed to have been established against the defendant.
(9) For the purposes
of subsection (8), intoxication shall be taken to be self-induced if it
results from the voluntary consumption of alcohol or a drug (not being a drug
supplied on the prescription of, and consumed in accordance with the
directions of, a legally qualified medical practitioner).