Dangerous Driving Occasioning Grievous Bodily Harm

By Author: Colin Diaz
Total Articles: 4
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Dangerous driving occasioning grievous bodily harm is a serious charge, and can carry a penalty of up to 7 years imprisonment.

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 when they were:

1. under the influence of intoxicating liquor or drugs, or

2. driving at a speed dangerous to another person or persons, or

3. driving in a manner dangerous to another person or persons.

It is not always necessary for the person to exceed the prescribed concentration of alcohol to deemed to be under the influence of alcohol. In other words, a person may be under the normal legal limit of 0.05 and still be charged with this offence.

Occasioning Grevious Bodily Harm

When a vehicle is involved in an impact which caused Grievous Bodily Harm to another person or persons it can be occasioned through any of the following:

1. the vehicle overturning or leaving a road while the ...
... person is being conveyed in or on that vehicle (whether as a passenger or otherwise)

2. an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise)

3. an impact between the person and the vehicle

4. the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact,

5. an impact with anything on, or attached to the vehicle

6. an impact with anything that is in motion through falling from the vehicle

7. the person falling from the vehicle or being thrown or ejected from the vehicle while being conveyed in or on the vehicle (whether as a passenger or otherwise)

8. an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise)

When a vehicle is involved in causing other impacts, a vehicle is involved in an impact where a person suffers grievous bodily harm to a person if:

1. the harm is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave the road, and

2. the prosecution proves that the vehicle caused the impact.

Dangerous Driving Occasioning GBH: Case Study

A recent case that I was involved in was where a young male passenger decided to try car surfing.He climbed out of the passenger window and onto to the roof of the vehicle.At the time the driver was travelling at 80-90 km/h down a main highway.The male passenger then entered back into the rear passenger side window.The driver allowed the passenger to do this four times.

The problem with this was that if at any time the passenger fell from the roof of the car and if other drivers swerved to avoid colliding with his body and collided with another vehicle or object where they suffered serious injuries.It is highly likely that the driver would find themselves charged with this offence and facing the Court.

If you or someone you care about is facing a charge of dangerous driving occasioning grievous bodily harm, they need the very best legal advice. Call LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).

If you are interested to know something more about Dangerous Driving Occasioning GBH and Dangerous Driving then please visit our website www.laclawyers.com.au