174FDriving motor vehicle causing death or serious harm

174F Driving motor vehicle causing death or serious harm (a) the person drives a motor vehicle dangerously; and (b) that conduct causes the death of any person. (2) A person is guilty of an offence if: (a) the person drives a motor vehicle dangerously; and (b) that conduct causes serious harm to any person. Criminal Code Act 1983 143 (3) For subsections (1)(a) and (2)(a), a person drives a motor vehicle dangerously if the person drives the vehicle: (a) while under the influence of alcohol or a drug to such an vehicle; or (b) at a speed that is dangerous to another person; or (c) in a manner that is dangerous to another person. (4) An offence against subsection (1) or (2) is an offence of strict liability. (5) A person who is convicted or acquitted of an offence against subsection (1) or (2) is not liable to be convicted of another offence against this Code on the same facts or substantially the same facts. (6) The trier of fact may find the person not guilty of an offence against subsection (1) but guilty of an offence against section 30B(1) of the Traffic Act 1987 if the trier of fact: committed the offence against subsection (1); and committed an offence against section 30B(1) of the Traffic Act 1987. (7) The trier of fact may find the person not guilty of an offence against subsection (2) but guilty of an offence against section 30B(2) of the Traffic Act 1987 if the trier of fact: committed the offence against subsection (2); and committed an offence against section 30B(2) of the Traffic Act 1987. 174FA Hit and run (1) The driver of a vehicle is guilty of an offence if: (a) the vehicle is involved in an incident that results in the death of, or serious harm to, a person; and (b) the driver fails to do any of the following: (i) stop the vehicle at the scene of the incident; Criminal Code Act 1983 144 (ii) give any assistance to the person that is reasonable in the circumstances; (iii) as soon as reasonably practicable after the incident or after giving the assistance mentioned in subparagraph (ii) – notify a representative of the Police Force of the following: (A) that the incident has occurred; (B) the location of the incident; (C) that the driver was the driver of the vehicle involved in the incident; (D) the driver's name; (iv) comply with any reasonable direction given by a representative of the Police Force in relation to the incident. The driver knows, or is reckless as to whether or not: (a) the vehicle is involved in an incident; and (b) the incident results in the death of, or serious harm to, a (a) Imprisonment for 10 years if the incident results in the death of a person. (b) Imprisonment for 7 years if the incident results in serious harm of a person. driver, of a vehicle, includes a person who controls the vehicle (for example, the rider of a motorcycle). representative of the Police Force means: (a) a police officer; or (b) a public sector employee working in a communications centre operated by the Police Force of the Northern Territory. Criminal Code Act 1983 145 vehicle means any form of transport that can be used on a road or track (for example, a car, trailer, bicycle, horse or horse drawn carriage). 174FB Dangerous driving during pursuit (1) The driver of a vehicle commits an offence if: (a) a police officer gives the driver a direction to stop the vehicle under a law in force in the Territory; and (b) the driver fails to comply with the direction; and (c) a police officer pursues the vehicle; and (d) the driver drives the vehicle dangerously while it is being pursued. Examples for subsection (1)(a) of laws under which a direction to stop may be given 1 Section 119A of the Police Administration Act 1978. 2 Section 29AAB of the Traffic Act 1987. (2) For subsection (1): (a) a police officer may be pursuing a vehicle even if the officer is not travelling at the same speed as the vehicle; and (b) it is irrelevant that the officer's pursuit is suspended or ends before the vehicle being pursued stops; and (c) a driver drives a vehicle dangerously if the driver drives the vehicle: (i) while under the influence of alcohol or a drug to such an vehicle; or (ii) at a speed that is dangerous to another person; or (iii) in a manner that is dangerous to another person. (3) An offence against subsection (1) is an offence of strict liability. subsection (1) if the defendant believed, on reasonable grounds, that he or she was not given a direction to stop the vehicle by a police officer. Criminal Code Act 1983 146 (5) The defendant has a legal burden of proof in relation to the matter mentioned in subsection (4). direction to stop, in relation to a vehicle, means any action taken by a police officer to indicate to the driver of the vehicle that the driver must stop the vehicle including, for example: (a) the giving of hand signals or the display of signs; and (b) if the officer is driving a vehicle – any of the following: (i) the flashing of the vehicle's headlights; (ii) the use of a lamp on the vehicle displaying intermittent red and blue flashes; (iii) the sounding of an alarm, siren or other warning device from the vehicle. driver, see section 174FA(2). vehicle, see section 174FA(2). 174FC Navigating vessel causing death or serious harm (a) the person navigates a vessel dangerously; and (b) that conduct causes the death of another person. (a) the person navigates a vessel dangerously; and (b) that conduct causes serious harm to another person. (3) For subsections (1)(a) and (2)(a), a person navigates a vessel dangerously if the person navigates the vessel: (a) while under the influence of alcohol or a drug to such an vessel; or Criminal Code Act 1983 147 (b) at a speed that is dangerous to another person; or (c) in a manner that is dangerous to another person. (4) An offence against subsection (1) or (2) is an offence of strict liability. (5) A person who is convicted or acquitted of an offence against subsection (1) or (2) is not liable to be convicted of another offence against this Code on the same facts or substantially the same facts. navigate, in relation to a vessel, includes any of the following: (a) steer, direct or manage the vessel; (b) direct or manage the course of the vessel; (c) change the movement or direction of the vessel.