Dangerous Driving Occasioning Grievous Bodily Harm

If you have driven dangerously on the roads and caused grievous bodily harm to another person then you may be charged with Dangerous Driving Occasioning Grievous Bodily Harm. An example of this is driving at a high speed and hitting someone which causes them grievous bodily harm.
Section 52A (3) Crimes Act 1900 states A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle.

In order to be found guilty of Dangerous Driving Occasioning Grievous Bodily Harm, the prosecution must prove beyond reasonable doubt that you:
·

• • Were driving the vehicle in a manner that was dangerous to other persons, or
  • That you were under the influence of an intoxicating drug or alcohol, or
  • That you were driving at a speed that was dangerous to another person or persons.
  • Were involved in a collision that caused another person to suffer grievous bodily harm

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of Dangerous Driving Occasioning Grievous Bodily Harm, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced solicitors at the earliest, so that our solicitors can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced solicitors to try and negotiate the facts that the magistrate will read when sentencing you. The facts the magistrate reads will give the magistrate and understanding of what sentence you should receive. Our experienced solicitors can have the facts amended or better yet have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The offence of Dangerous Driving Occasioning Grievous Bodily Harm carries a maximum of 7 years imprisonment.
If you are facing charges of Dangerous driving causing grievous bodily harm call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge. This is a serious charge, our lawyers will come up with the best strategy for you and strive to achieve the best result.

Pleading Not Guilty

If you disagree with the charge Dangerous Driving Occasioning Grievous Bodily Harm, then you may enter a plea of not guilty. Dangerous Driving Occasioning Grievous Bodily Harm is an offence of ‘strict liability’, this means that the prosecution does not need to prove that you intended to drive in a manner dangerous. If the prosecution can prove beyond reasonable doubt that you drove in a manner dangerous, it does not matter that you did not have the specific intent to do so. If you are unsure about whether the prosecution will be able to prove the above elements beyond a reasonable doubt, you should consider the possibility of pleading not guilty.

Dangerous Driving Occasioning Death

If you have driven dangerously on the roads and caused death to another person then you may be charged with dangerous driving occasioning death. An example of this is driving over the speed limit and colliding with a pedestrian which results in the pedestrian dying.

Section 52A(1) Crimes Act 1900 states A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle.

In order to be found guilty of dangerous driving occasioning grievous bodily harm, the prosecution must prove beyond reasonable doubt that you:

• • Were driving the vehicle in a manner that was dangerous at the time of the collision, or
  • That you were under the influence of an intoxicating drug or alcohol, or
  • That you were driving at a speed that was dangerous to another person or persons.
  • That you were involved in a collision that caused the death of another person

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of Dangerous Driving Occasioning Death, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced solicitors at the earliest, so that our solicitors can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced solicitors to try and negotiate the facts that the magistrate will read when sentencing you. The facts the magistrate reads will give the magistrate and understanding of what sentence you should receive. Our experienced solicitors can have the facts amended or better yet have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The offence of dangerous driving occasioning death carries a maximum penalty of 10 years imprisonment.

If you are facing charges of Dangerous Driving Occasioning Death, call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge. This is a serious charge, our lawyers will come up with the best strategy for you and strive to achieve the best result.

Pleading Not Guilty

If you disagree with the charge Dangerous Driving Occasioning Death, then you may enter a plea of not guilty. Dangerous Driving Occasioning Death is an offence of ‘strict liability’, this means that the prosecution does not need to prove that you intended to drive in a manner dangerous. If the prosecution can prove beyond reasonable doubt that you drove in a manner dangerous, it does not matter that you did not have the specific intent to do so. If you are unsure about whether the prosecution will be able to prove the above elements beyond a reasonable doubt, you should consider the possibility of pleading not guilty.