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Death or Harm By Careless Use of Vehicle or Vessel

Driving – Other Traffic Offences – SA

Welcome to the SA Death or harm by careless use of vehicle or vessel article page. Everything you need to know about Death or harm by careless use of vehicle or vessel according to SA law – Dated: 09/01/2009

What the Law States according to SA Law for Death or harm by careless use of vehicle or vessel

According to SA Law for the charge of Death or harm by careless use of vehicle or vessel:

Any person who drives a motor vehicle in a negligent or reckless manner, at high speed, or in a manner that is dangerous to the public and as a result of that behaviour causes death or harm to another is guilty of an offence [Criminal Law Consolidation Act 1935 s 19A].

The Maximum Penalty – Death or harm by careless use of vehicle or vessel

According to SA Law for the charge of Death or harm by careless use of vehicle or vessel:

Penalties for this offence are very harsh and even a first offence can carry an immediate gaol sentence. The maximum sentence for a first offence is 15 years imprisonment. If the offence is found to be an aggravated offence* or it is a second or subsequent offence, it can carry a term of life imprisonment. The penalty for this offence will also involve a disqualification of at least 10 years, or possibly longer, if a court orders.

* An aggravated offence is an offence committed under the following circumstances:

  • the person committed the offence in the course of attempting to escape pursuit by a police officer
  • the person was, at the time of the offence, driving a vehicle knowing that he or she was disqualified from holding a driver’s licence or his or her licence was suspended
  • 

  • the person committed the offence as part of a prolonged, persistent and deliberate course of bad driving
  • the person committed the offence while there was present in his or her blood a blood alcohol level of 0.08 grams or more of alcohol in 100 millilitres of blood
  • the person was, at the time of the offence, driving a vehicle in contravention of s 45A (excessive speed), 47 (driving under the influence) or 47BA (driving with a prescribed drug in oral fluid or blood) of the Road Traffic Act 1961

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