News: SA’s most dangerous drivers to face “life” - 30 July, 2006

Hon Michael Atkinson MP, Attorney-General Minister for Justice Minister for Multicultural Affairs: New laws come into force today that could see some of South Australia’s most dangerous drivers facing life in prison for dangerous driving and hit-run offences. The Rann Government is cracking down on reckless drivers who kill or seriously injure someone in ‘aggravated’ circumstances, such as hit-and-run.

“In the face of public outrage against those who cause death and serious injury by dangerous driving, the Kapunda Road Royal Commission recommended that these types of offences be treated the same as manslaughter,” Mr Atkinson said. “From today our State’s law recognises the irresponsible behaviour behind many of these aggravated dangerous driving offences.”

The new laws stipulate that an offence of dangerous driving can become ‘aggravated’ if a driver attempts to escape police, with a blood-alcohol level of 0.15 or higher, or drives while disqualified or exceeding the speed limit by 45km/h or more. And we’re going even further from next month, when we decrease that blood-alcohol threshold from 0.15 to 0.08 for the dangerous driving offence to become aggravated and we’re adding driving under the influence of drugs to the list of aggravating factors. (Criminal Law Consolidation (Dangerous Driving) Amendment Act 2006)

For non-aggravated offences, a reckless driver who maims or kills someone will receive a maximum penalty of up to 15 years for a first offence and life imprisonment for any subsequent offences.

“If someone uses a car as a weapon to kill or maim someone, it warrants far more severe punishment than that which applies to serious traffic offences,” Mr Atkinson said.

“Our reforms are also delivering a 15-fold increase in the penalty for hit-and-run to a maximum of 15 years for a first offence and life for a subsequent offence.

“Previously, people who failed to stop after killing a person with a motor vehicle could be sentenced only to one year in jail for failing to stop.

“Drivers involved in accidents where a person is killed or injured will now have to present to police within 90 minutes and submit to a breath test up to eight hours after the incident.

“These increased sentences will also require the disqualification of a driver’s licence for at least 10 years, with the disqualification to start upon release from prison, not to run concurrently with the term of imprisonment as now with the result that offenders can drive from the moment they are released.

“A presumption against bail will also apply for people charged with some offences, including causing death while trying to escape police.

“This means any case for bail needs to be established by the accused, rather than it being considered a right against which prosecutors have to argue.” The Statutes Amendment (Serious Vehicle and Vessel Offences) Amendment Bill 2005 also applies to boats and jetskis on S.A.’s waterways. Features of the new law include:

Penalties

• Causing death or serious injury by dangerous driving in aggravated circumstances – maximum life imprisonment and at least 10-years’ licence disqualification;

• Non-aggravated reckless driving that kills or maims – maximum 15 years’ jail or life for a second offence and at least 10-years’ licence disqualification;

• Reckless driving without causing serious harm in aggravated circumstances – maximum seven years’ jail and at least three years’ licence disqualification;

• Non-aggravated reckless driving without causing serious harm – maximum five years’ jail and at least one-year’s licence disqualification;

• Leaving a crash scene after causing death or serious harm - maximum 15 years’ jail for a first offence or life for a second offence and at least 10-years’ licence disqualification (where the physical harm does not amount to ‘serious harm’ – maximum five-years’ jail, or seven-years’ for a subsequent offence);

• All periods of licence disqualification start to run only when the person is released from prison.

Motor Vehicles Specifically (Road Traffic Act)

• Driver failed in duty to stop and assist where person killed or injured (incl. present to police officer within 90 minutes) – maximum five years’ jail, and at least one year’s licence disqualification;

• Reckless and dangerous driving – maximum two years’ jail and at least six months licence suspension;

• Careless driving in aggravated circumstances – maximum one year’s jail and at least six months’ licence suspension;

• Requires drivers to submit to an alcotest up to eight hours after any conduct that gave rise to the requirement.

Vessels Specifically (Harbors and Navigation Act)

• Vessel operator failed in duty to assist where collision of his vessel could have resulted in death, personal injury or damage to a vessel – maximum five years’ jail;

• Dangerous operation of a vessel – maximum two years’ jail;

• Careless operation of a vessel in ‘aggravated’ circumstances – maximum one year’s jail;

• Requires people who have operated a vessel, or was a member of a crew, within the previous eight hours to submit to an alcotest.

Bail

• Presumption against bail applies for any drivers/vessel operators accused of breaking these laws.

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