Dangerous Driving Occasioning Death SA
The Road Traffic Act 1961 prohibits driving a vehicle recklessly or at a speed or manner that is dangerous to the public. The Criminal Law Consolidation Act 1935 Sect 19A provides that it is an indictable offense if a person.
a) Drives a vehicle in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to the public; and
b) By that culpable negligence, reckless or other conduct causes the death of another.
The same law provides for the penalties which vary whether it is a basic or aggravated offence. This being a grave offence, be it basic or aggravated, the penalties include imprisonment and disqualification from driving.
In considering whether an offence has been committed, the court will have to consider the following circumstances present at the time of the offence:
- Nature, condition and use of the road;
- Amount of traffic;
- Amount of traffic that may be reasonably expected to enter the road from other roads and places
- Other relevant circumstances.
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