Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a vehicle
driven by a person (the driver ) is involved in an incident occasioning bodily
harm to another person, the driver must stop immediately after the occurrence
of the incident and for as long as is necessary to comply with
subsections (2) and (6).
(2) If a vehicle
driven by a person (the driver ) is involved in an incident occasioning bodily
harm to another person (a victim ), the driver must ensure that each victim
receives all the assistance, including medical aid, that is necessary and
practicable in the circumstances.
(3) A person who
contravenes subsection (1) or (2) commits a crime.
Penalty: imprisonment for —
(a)
20 years, if the incident occasioned death;
(b)
14 years, if the incident occasioned grievous bodily harm but not death;
(c)
10 years, in any other case.
Summary conviction penalty in a case to which
paragraph (c) applies: imprisonment for 3 years.
(4) If in the opinion
of the court an offence under subsection (3) is of a sufficiently serious
nature the court may make an order disqualifying the offender from holding or
obtaining a driver’s licence for such period as it thinks fit.
(5) It is a defence to
a charge of an offence under subsection (3) for the accused to prove that
the accused was not aware of the occurrence of the incident.
(6) If a vehicle
driven by a person (the driver ) is involved in an incident occasioning bodily
harm to another person (a victim ), the driver must, if required to do so by a
victim, a representative of a victim, or a member of the Police Force, give
the driver’s name and address and, if known to the driver, the name and
address of a responsible person for the vehicle.
Penalty: a fine of 30 PU.
(7) It is a defence to
a charge of an offence under subsection (3) or (6) for the accused to
prove that the accused could not comply with a requirement in the relevant
provision because of an injury suffered by the accused in the incident.
[Section 54 inserted by No. 39 of 2007
s. 20.]