36Injury by driving, &c.

### 36 Injury by driving, &c. > > (1)  *\[Section 36 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*A person in charge of any animal or vehicle shall not, by wanton or furious riding or driving or racing or other wilful misconduct or wilful neglect, cause any bodily harm to any other person. > > > (1A)  *\[Section 36 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 \]*A person who contravenes [subsection (1)](#GS36@Gs1@EN) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 2 years. > > > (2)  *\[Section 36 Subsection (2) amended by No. 48 of 1960, s. 79 and Sched. 1 \]**\[Section 36 Subsection (2) amended by No. 41 of 1961, s. 6 and Sched. 5 \]**\[Section 36 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2 \]*If, upon any person being charged with an offence under this section – > > > > > > (a) such person, on his appearance to answer such charge, and not afterwards, elects to be tried on such charge by a jury; or > > > > > > > (b) the court before which such person is charged considers that the offence is of so serious a nature that it should be tried on indictment – > > > > the offence shall be deemed to be a crime and shall be punishable on indictment under the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) accordingly, and the court shall proceed therein as provided by [Part VII of the](/view/html/inforce/2026-04-12/act-1959-077#HPVII@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) . > > > (3)  In every such case as aforesaid, one of the justices shall inform the person so charged, upon his appearing to answer the charge, of his right to be tried by jury if he so desires.