Dangerous Driving Causing Grievous Bodily Harm (GBH)

The charge of dangerous driving causing grievous bodily harm is a serious matter. It is a criminal charge and will therefore appear on your criminal record if you are convicted and may result in a gaol sentence. It is important to seek legal advice from an experienced criminal lawyer if you have been charged with this offence.

Section 52A(3) of the Crimes Act (1900) NSW defines the offence of dangerous driving causing grievous bodily harm:

• 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:
  • (a) under the influence of intoxicating liquor or of a drug, or
  • (b) at a speed dangerous to another person or persons, or
  • (c) in a manner dangerous to another person or persons.

Aggravated Dangerous Driving Causing Grievous Bodily Harm

Section 52A(4) of the Crimes Act defines the offence of aggravated driving causing grievous bodily harm as follows:

• A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation.

Circumstances of aggravation are defined under section 52A(7) of the Crimes Act as follows:

• In this section, "circumstances of aggravation" means any circumstances at the time of the impact occasioning death or grievous bodily harm in which:
  • (a) the prescribed concentration of alcohol was present in the accused’s breath or blood, or
  • (b) the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or
  • (c) the accused was driving the vehicle to escape pursuit by a police officer, or
  • (d) the accused’s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).

The Penalties

The maximum penalty for a person convicted of dangerous driving causing grievous bodily harm is imprisonment for 7 years.   The maximum penalty for a person convicted of aggravated dangerous driving causing grievous bodily harm is imprisonment for 11 years.

What is grievous bodily harm?

Grievous bodily harm is defined under the Crimes Act as including:

1. the destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and
2. any permanent or serious disfiguring of the person, and
3. any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

Defending the charge of dangerous driving causing grievous bodily harm or aggravated driving causing grievous bodily harm

There are a number of defences available to these offences. If you are successful in defending the charge this means you are found not guilty and no conviction is recorded against you. Such defences include:

1. the grievous bodily harm was not attributable to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs,
2. the grievous bodily harm was not attributable to the speed at which the vehicle was driven,
3. the grievous bodily harm was not attributable to the manner in which the vehicle was driven,
4. Duress,
5. Necessity

How can Prime Lawyers help?

Our criminal lawyers have a wealth of experience and knowledge in these matters. If you are pleading guilty to one of these charges we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes. We are also experienced in negotiating with the police to possibly have charges dropped.

If you wish to defend the charge our criminal lawyers will carefully consider and investigate all aspects of your matter and if there are any flaws in the prosecutions case. We will advise you of your chances of successfully defending the matter. Our criminal lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.

Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this. Please contact our firm on (02) 9521 2222 to speak with one of our criminal lawyers today. Alternatively email your enquiry to us and we will contact you shortly.