319Dangerous driving causing death or serious injury

319 Dangerous driving causing death or serious injury

S. 319(1) amended by No. 7/2008 s. 5(1).

(1) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

Note to s. 319(1) inserted by No. 48/2018 s. 96.

An offence against this subsection is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.

S. 319(1A) inserted by No. 7/2008 s. 5(2).

(1A) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes serious injury to another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

S. 319(1B) inserted by No. 48/2018 s. 19A.

(1B) In a proceeding for an offence against subsection (1) or (1A), it is to be presumed, in the absence of evidence to the contrary, that the accused drove the motor vehicle in a manner that was dangerous to the public having regard to all the circumstances of the case if the prosecution proves that the accused, at the time of the driving, was knowingly or recklessly in contravention of section 18 or 30 of the Road Safety Act 1986.

(2) In this section serious injury has the meaning given by section 15.

S. 319AA inserted by No. 83/2012 s. 32.

319AA Dangerous or negligent driving while pursued by police

(1) A person must not drive a motor vehicle dangerously or negligently if he or she knows, or ought reasonably to know, that—

S. 319AA(1)(a) amended by No. 37/2014 s. 10(Sch. item 36.9).

(a) he or she has been given a direction to stop the vehicle by a police officer; and

S. 319AA(1)(b) amended by No. 37/2014 s. 10(Sch. item 36.9).

(b) a police officer is pursuing the vehicle.

(a) a person drives a motor vehicle dangerously if he or she drives the vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case; and

(b) a person drives a motor vehicle negligently if he or she fails unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case; and