(4) A person who, by the culpable driving of a motor vehicle, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years. (b) while under the influence of alcohol, or a drug, to such an extent as to be incapable of having proper control of the vehicle.

The driving was culpable The prosecution must prove, beyond a reasonable doubt, that the accused consciously and unjustifiably disregarded a substantial risk that the death of another person or the infliction of grievous bodily harm upon another person may result from his driving.

Under section 29 of the Crimes Act 1900 it is an offence to cause death or grievous bodily harm to another person by the culpable driving of a motor vehicle.

Often, it is the result of a minor crash and the infringement notice will be issued to any or all of the vehicles involved. This infringement notice carries with it three demerit points.

It is an offence to drive a vehicle in a culpably negligent manner, recklessly or at a dangerous speed, where that driving results in a person’s death. This offence is contained in 19A(1) of the Criminal Law Consolidation Act 1935. Causing death by dangerous driving is a very serious offence.

This criminal offence covers homicides caused by the culpable driving of a motor vehicle. This offence is committed when a person drives a motor vehicle negligently, recklessly or while under the influence of drugs or alcohol and causes the death of another person.

In order to prove culpability, the prosecution must be able to connect the individual to the crime in a manner that dispels all reasonable doubt as to their innocence. In addition, they must act in a manner described above, purposely, recklessly, negligently, or knowingly or any combination of the four.

every 3 years
Demerit points reset every 3 years from the date of the offence.

(1) Dangerous driving occasioning death A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle– (a) under the influence of …

Culpable driving occasioning death If you have been in a motor vehicle accident that caused the death of another person, you are at risk of being charged with this offence. This is a serious charge and it is imperative that you seek legal advice as soon as possible after the accident, even before you are charged.

The offence of culpable driving causing death is contained in section 318 of the Crimes Act 1958 which states: “Any person who by the culpable driving of a motor vehicle causes the death of another person shall be guilty of an indictable offence.” What is a “motor vehicle”?

A dangerous driving causing death charge is a serious offence which carries a maximum penalty of up to 10 years’ in prison. This serious traffic offence in NSW has similar elements to a charge of dangerous driving causing death, but is committed in circumstances of aggravation.

Serious Traffic Offences in NSW include: Driving offences causing death or grievous bodily harm which are prosecuted under any other sections of the Crimes Act 1900. This article looks at these serious traffic offences in NSW in detail.