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Dangerous Driving Occasioning GBH SA

Criminal Law Consolidation Act 1935 Section 19A provides that a person is guilty of an indictable offense if he/she:

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, recklessness or other conduct causes harm to another.

Since the damage caused here are grave physical injuries, if it is a basic offence the imprisonment that may be imposed is up to a maximum of 15 years aside from disqualification from driving for 10 years or more as the court may so order. If it is an aggravated offense, the penalty is life imprisonment and disqualification from driving for 10 years or more.

The burden of proving that an offence was committed is on the police who must present evidence that the driving of the accused was dangerous to the public.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.


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