Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a motor vehicle
driven by a person (the driver ) is involved in an incident occasioning bodily
harm to another person and the driver was, at the time of the incident,
driving the motor vehicle —
(a)
while under the influence of alcohol, drugs, or alcohol and drugs to such an
extent as to be incapable of having proper control of the vehicle; or
(b) in a
manner (which expression includes speed) that is, having regard to all the
circumstances of the case, dangerous to the public or to any person,
the driver commits an
offence.
(2) For the purposes
of this section —
[(a) deleted]
(b) it
is immaterial that the bodily harm might have been avoided by proper
precaution on the part of a person other than the person charged or might have
been prevented by proper care or treatment.
(3) Subject to
subsection (3a), a person convicted of an offence against
subsection (1) is liable —
(a) for
a first offence, to a fine of 80 PU or to imprisonment for 9 months; and,
in any event, the court convicting that person shall order that he be
disqualified from holding or obtaining a driver’s licence for a period
of not less than 12 months;
(b) for
a second or subsequent offence, to a fine of 160 PU or to imprisonment for
18 months; and, in any event, the court convicting that person shall
order that he be disqualified from holding or obtaining a driver’s
licence for a period of not less than 18 months.
(3a) In the case of an
offence under subsection (1)(a), or an offence under
subsection (1)(b) committed in circumstances of aggravation, the offence
is a crime and a person convicted of it is liable to a fine of any amount and
imprisonment for 7 years and in any event the court convicting the person
shall order that he be disqualified from holding or obtaining a driver’s
licence for a period of not less than 2 years.
Summary conviction penalty: imprisonment for
18 months or a fine of 160 PU and in any event the court convicting
the person shall order that he be disqualified from holding or obtaining a
driver’s licence for a period of not less than 18 months.
(4) A person charged
with an offence against this section may, instead of being convicted of that
offence, be convicted of an offence against section 61 or 62.
[Section 59A inserted by No. 89 of 1978
s. 13; amended by No. 82 of 1982 s. 10; No. 11 of 1988
s. 24; No. 50 of 1997 s. 13; No. 50 of 2003 s. 92(2);
No. 44 of 2004 s. 6; No. 39 of 2007 s. 23.]