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Peter Maley
Director - Criminal Lawyer

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Law Information - Driving - Dangerous Driving Offences - NT

Driving motor vehicle causing death or serious harm

Date: 09/01/2009

The Law -

1. A person is guilty of a crime if:
   
   
   1. the person drives a motor vehicle dangerously; and
   2. that conduct causes the death of any person.
   
   Penalty: Imprisonment for 10 years.
2. A person is guilty of a crime if:
   
   1.  
      1. the person drives a motor vehicle dangerously; and
      2. that conduct causes serious harm to any person.
   
   Penalty: Imprisonment for 7 years.
   
   
   2. For subsections 1 a and 2 a, a person drives a motor vehicle dangerously if the person drives the vehicle:
      
      
      1. while under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vehicle; or
      2. at a speed that is dangerous to another person; or
      3. in a manner that is dangerous to another person.
   3. An offence against subsection 1 or 2 is an offence of strict liability.
   4. A person who is convicted or acquitted of an offence against subsection 1 or 2 is not liable to be convicted of another offence against this Code on the same facts or substantially the same facts.
   5. A person who is convicted or acquitted of an offence against subsection (1) or (2) is not liable to be convicted of another offence against this Code on the same facts or substantially the same facts.

Maximum Penalty - Driving motor vehicle causing death or serious harm

For parts 1 a and b the maximum penalty is 10 years

For parts 2 a and b the maximum penalty is 7 years

What the prosecution must prove - Driving motor vehicle causing death or serious harm

To be advised.

Possible Defences - Driving motor vehicle causing death or serious harm

To be advised.

The Court process - Driving motor vehicle causing death or serious harm

To be advised.