Charged with Dangerous Driving Occasioning Death?

Facing charges of dangerous driving occasioning death is a very serious situation with potentially life-altering consequences. This offence carries several penalties, including the possibility of full-time imprisonment. However, this offence will also have large impacts on your day-to-day life including your relationship with you family, friends and job. 

AT FDL we understand the seriousness of the situation. Our team has helped many others facing similar charges, guiding them through this challenging time with empathy and expertise. We know how to navigate the legal system and fight for the best possible outcome for you. 

If you are charged with dangerous driving occasioning death it’s crucial you speak to a legal expert immediately. Reach out to our team via calling us at (02) 8896 6034, emailing at legal@farajdefencelawyers.com.au or visiting our Parramatta Office.

Why Choose Faraj Defence Lawyers?

What is the offence of Dangerous Driving Occasioning Death?

Under section 52A of the Crimes Act 1900 (NSW), the offence of Dangerous Driving Occasioning Death involves driving a vehicle dangerously and causing the death of another person. This charge is categorised into two different scenarios: basic and aggravated. The basic offence involves driving a vehicle dangerously and causing the death of another person. On the other hand, when aggravated it includes additional circumstances of aggravation. Aggravated offences typically carry more serious penalties due to the heightened level of recklessness involved.

What is aggravated dangerous driving occasioning death?

Aggravated dangerous driving occasioning death is a more serious form of the offence of dangerous driving occasioning death. Certain circumstances, when present at the time of the offence, can elevate it to an aggravated level, leading to more serious legal consequences. 

Some common aggravating circumstances include:

• Excessive speeding: driving at a significantly higher speed than the posted speed limit 

• Driving under the influence: operating a vehicle while impaired by alcohol, drugs or other substances that affect driving ability 

• Reckless Driving: Engaging in very careless or reckless behaviour behind the wheel.

• Driving while disqualified: operation a vehicle while your licence is disqualified.

How do I avoid a dangerous driving occasioning death charge?

Avoiding a charge of dangerous driving occasioning death requires a proactive approach. As a defendant, your primary goal is to challenge the prosecution’s case and ensure they meet the burden of proof required to establish your guilt beyond a reasonable doubt. 

The onus is on the prosecution to demonstrate that you committed the offence. This means they must present compelling evidence and arguments to convince the court of your guilt. We will work to undermine the prosecution’s case by challenging the evidence presented, presenting alternative interpretations of events and highlighting any weakness or inconsistencies in their case. 

Through the diligent preparation of your defence, you can maximise your chances of avoiding a dangerous driving occasioning death charge and securing a favourable outcome in your case.

What must the prosecution prove?

The prosecution is required to prove, beyond reasonable doubt, that:

• You drove your vehicle in an impact/collision that caused the death of another person, and

• You were, at the time of the impact, driving the vehicle:

• under the influence of an intoxicating alcohol or drugs, or

• at a speed dangerous to another person or persons, or

• in a manner dangerous to another person or persons.

The prosecution is not required to prove that the driver was voluntarily and consciously managing and controlling the movement of the vehicle at the precise moment of impact.

What about when the offence is aggravated?

In order to be charged for an aggravated version of this offence, the prosecution must; also prove that at least one of the aggravating circumstances were present, as follows: 

• You had a BAC level of 0.15g/100ml or higher 

• You were driving more than 45kn/h over the speed limit 

• You were driving the vehicle to escape police pursuit 

• Your ability to drive was substantially impaired due to being under the influence of a drug (other than alcohol) or a combination of drugs (can include alcohol)

The charge can be successfully defended if we are able to show that the prosecution cannot prove both of those elements beyond a reasonable doubt. 

What are the possible defences?

The possible defences to this charge include:

• Lack of influence from substances, speed, or the way the vehicle was driven that was deemed to have caused the impact occasioning death

• The vehicle was not involved in the impact occasioning death, such that it did not cause an impact between other vehicles, or between another vehicle and any object or person, or causing the other vehicle to overturn or leave the road

Objects include an animal, building, structure, earthwork, embankment, gutter, stormwater channel, drain, bridge, culvert, median strip, post, or tree.

Dangerous Driving Occasioning Death Penalties NSW

The maximum penalty for Dangerous Driving Occasioning death in NSW is 10 years imprisonment.

For a first offence, the minimum licence disqualification applicable is 12 months, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 3 years.

In the case of second or subsequent offence, the minimum licence disqualification applicable is 2 years, whereas the maximum the court may impose is unlimited. The automatic period of disqualification is 5 years.

Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:

• S10(1)(a) dismissal

• Conditional release order without conviction

• Conditional release order with conviction

• Fine

• Community corrections order

• Intensive corrections order

How can Faraj Defence Lawyers help?

Faraj Defence Lawyers offers crucial assistance to defendants facing charges of Dangerous Driving Occasioning Death and its aggravated version. Our experienced team intervenes early in the legal process, providing strategic guidance and repesentation. 

We carefully analyse the prosecution’s case, identify weaknesses, and craft robust defence strategies tailored to your unique circumstances. Whether you are facing basic or aggravated charges, we are committed to mitigating penalties and achieving the best possible outcome, ensuring your rights are protected through legal proceedings.

If you decide to plead not guilty

If you choose to plead not guilty, Faraj Defence Lawyers will diligently prepare your defence against the charge of Dangerous Driving Occasioning Death. Our team will conduct a comprehensive review of the evidence, including witness statements, forensic reports, and any other pertinent information. We’ll collaborate closely with you to understand your version of events and develop a defence specific to your case.

Choosing our team in this scenario means having dedicated legal experts by your side. We will provide you with expert guidance, support and representation throughout the legal proceedings, advocating fiercely for your innocence and ensuring that your rights are upheld. Our goal is to achieve the best possible outcome for you, whether through negotiation, challenging evidence, or representing you at trial.

If you decide to plead guilty

If you decide to plead guilty, Faraj Defence Lawyers will work tirelessly to secure the most favourable outcome for you. We understand that admitting guilt can be a difficult decision, but our focus remains on advocating for your best interests. 

Firstly, we’ll conduct a thorough review of the case to ensure all mitigating factors are considered. This may involve gathering evidence or remorse, cooperation with authorities, or evidence of extenuating circumstances. 

Following this, we will negotiate with the prosecution to secure the best possible plea deal, aiming to minimise penalties such as fines or imprisonment. Throughout the process, we will provide you with compassionate support and expert legal guidance, ensuring your rights are protected and that you understand the implications of your plea.

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Book a free consultation with our Expert Traffic Lawyers today

At Faraj Defence Lawyers, we understand the stress and uncertainty that comes with facing charges of dangerous driving occasioning death. That’s why we are here to offer our expertise and support during this challenging time. Your well-being and future matter to us, and we are committed to providing compassionate guidance and effective legal representation tailoured to your needs.

Book a free consultation with our expert traffic lawyers today or call us now at (02) 8896 6034 and take the first step towards resolving your case.