Dangerous Driving- Statutory Offence : ROAD SAFETY ACT 1986 - SECT 64

Elements Prosecution Must Prove

1- Accused was driving a motor vehicle
2- The motor vehicle was driven at a speed or manner dangerous to the public, having regard to all circumstances of the case.

What is dangerous to the public?

Authority is the decision of the Court of Criminal Appeal of South Australia in R v Coventry [1938] SASR 79.

Driving in a manner dangerous to the public has been defined as “the act of driving in a manner which any ordinary person (in the situation of the driver) would recognise as dangerous, in the sense that it involves a risk of injury to others which exceeds the ordinary risks of the road."

Notwithstanding this, there may be a defence if an accused had an honest and reasonable mistake as to a relevant circumstance which, had it existed, would have meant that his driving was not dangerous in the circumstances.

Sentencing

Sentencing can involve a maximum of two years in prison. A mandatory licence suspension of 6 months accompanies this charge, and this can be increased to 12 months is a speed of greater than 45 KPH over the speed limit is alleged. Accordingly, it is critical to seek legal advice as soon as possible if you are interviewed in relation to this offence.

 

Related offences

  1. Culpable Driving Causing Death
  2. Careless Driving
  3. Speeding
  4. Drink Driving / Drive Under the influence (DUI)
  5. Exceed Prescribed Concentration of Alcohol (PCA)
  6. Fail to Furnish a Breath Sample / Refuse to Accompany a Police Officer

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