Culpable Driving

Culpable Driving: This offence covers homicides caused by the culpable driving of a motor vehicle. This offence is committed where a person drives a motor vehicle negligently, recklessly or whilst under the influence of drugs or alcohol.

This section is still being developed and will include details on Culpable driving and related legislation. Also refer to Mike Safe’s article “No Way Home” from the Weekend Australian Magazine on the aftermath of hit-run incidents.

AUSTLII: Australian Capital Territory Consolidated Acts: CRIMES ACT 1900 - SECT 29 Culpable driving of motor vehicle

South Australia: Criminal Law Consolidation (Dangerous Driving) Amendment Act 2006 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.

Sentencing Council Victoria: Sentencing trends for culpable driving causing death in Victoria
This Sentencing Snapshot describes sentencing outcomes for culpable driving causing death and details of the age and gender of persons sentenced for this offence in the County Court of Victoria between 1998/99 and 2003/04.

Victoria: Crimes (Dangerous Driving) Act 2004 Act No. 59/2004

DPI: Attorney-General Rob Hulls Media Release: Crimes (Dangerous Driving) Bill

The Age: Hit-run drivers to face 10-year maximum
By Mathew Murphy and Selma Milovanovic (April 20, 2005)
The State Government has bowed to public pressure, announcing that hit-run drivers will face up to 10 years’ jail in future. But it will not set a minimum term, leaving that to the discretion of the courts. Acting Premier John Thwaites said the Government’s move to amend the legislation had been affected by comments from the Donnelly and Knowles families after drivers hit their sons and drove off.

Maximum Penalties State by State:

South Australia
In May 2006 moved to penalties of up to 15 years’ jail.

New South Wales
$3000 fine or 18 months in prison for first offence. $5000 or two years’ jail for second offence. Other charges can apply such as dangerous or negligent driving. Also refer to Brendans Law.

Queensland
Seven years for dangerous driving causing death. But drivers who leave the scene can be charged with manslaughter, with a maximum penalty of life imprisonment.

Tasmania
A number of charges can be laid but if a person suffers grievous bodily harm or dies, maximum penalty is 21 years.

Western Australia
$2500 or 12 months’ jail or both for failing to stop and render assistance.

Australian Capital Territory
Six months’ prison, or $5000, or both. In cases of grievous bodily harm, the maximum penalty is four years’ jail. In cases of death, the maximum is seven years.