ROAD ACCIDENTS RESULTING IN DEATH OR INJURY
Such offenses are not to be treated lightly because the possibility of imprisonment from a conviction is very real.
Quite often, cases that results in dealth gets extensive media coverage and courts need to send the right message to the public as means of general deterence. Sentences of merely a fine usually result in public outcry see.
Careless driving that results in injury or death – imprisonment for 3 years or a fine of 720 PU and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver licence for a period of not less than 3 months.
Careless driving means driving the motor vehicle without due care and attention, the driver commits an offence。
Dangerous driving under aggravated circumstances that results in injury or death attracts higher punishment – imprisonment upto 10 years and be disqualified from holding or obtaining a driver licence for a period of not less than 2 years. The punishment may be lighter (up to 3 years imprisonment or a fine) if dealt with summarily at the Magistrates Court.
Dangerous driving means –
(a) while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or
(b) while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle; or
(c) while under the influence of alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or
(d) in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person.
Reckless driving
Reckless driving — the driver has wilfully driven a motor vehicle in a manner (including speed) that is inherently dangerous or, dangerous to the public, or to any person. This includes:
– Speeding in excess of 45 km/h over the speed limit
– Driving at 155 km/h or over
– Reckless Driving may include street racing, and burnouts,.
The following passage from the Australian high court in McBride explains dangerous driving f as follows:
“The concept… requires some serious breach of the proper conduct of a vehicle upon the highway, so serious as to be in reality and not speculatively, potentially dangerous to others”.
Ensuing offences
In many of the reported cases, drivers usually lose their composure in the immediate aftermath to the accident. Such reaction usually lead to commission of ensuing offenses from the initial crash – it is a crime to fail to stop to attend to the victim (to ensure that the victim receives all the necessary assistance and medical aid practicable in the circumstances). Punishment – 20 year imprisonment if death resulted, 14 years imprisonment if the victim suffered grievous bodily harm or 10 years imprisonment in any case.
It is also an offense for failing to report an accident which involves personal injury.
GENERAL DRIVING OFFENCES (NOT RESULTING IN DEATH OR INJURY)
Reckless driving penalties:
First Offence: maximum fine of 120 Penalty Units ($6,000) or imprisonment for 9 months; as well as a period of licence disqualification for minimum of 6 months
Second Offence: maximum fine of 180 Penalty Units ($9,000) or imprisonment for 9 months; as well as a period of licence disqualification for minimum of 12 months
Third Offence: maximum fine of 240 Penalty Units ($12,000) or imprisonment for 12 months; and permanent disqualification of drivers licence.
Dangerous driving penlaties:
First Offence: maximum fine of 60 Penalty Units ($3,000)
Subsequent Offences: maximum fine of 120 Penalty Units ($6,000) or imprisonment for 9 months; as well as a period of licence disqualification for minimum of 12 months
For the charge of Reckless Driving, prosecution has to prove that the driver has wilfully driven a motor vehicle in a manner (including speed) that is inherently dangerous or that is, having regard to all of the circumstances of the case, dangerous to the public, or to any person.
The charge of Reckless Driving is more serious than Dangerous Driving because it must be shown that the driver intended to drive recklessly.