Charges
Dangerous driving occasioning death
Crimes Act 1900 (NSW) s 52A(1)
What is the maximum penalty for dangerous driving occasioning death in NSW?
Maximum penalty. Imprisonment for 10 years. The aggravated form in s 52A(2) carries imprisonment for 14 years. Licence: a Crimes Act offence causing death arising out of the offender's use of a motor vehicle is a major offence under the Road Transport Act 2013, so the disqualification catch-all in s 205(2)(d) applies: automatic disqualification of 3 years, with a court discretion to order a shorter period of not less than 12 months, or a longer period.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence applies where a vehicle the person was driving is involved in an impact that causes another person's death, and at the time the driver was under the influence of alcohol or a drug, driving at a dangerous speed, or driving in a dangerous manner. The prosecution must link the death to an impact involving the vehicle, and the section sets out situations that count as an impact, including the vehicle overturning or leaving the road. It is a more serious charge than negligent driving and sits below manslaughter.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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