Dangerous Driving that Causes Grievous Bodily Harm QLD
Dangerous driving that causes grievous bodily harm can result to a criminal conviction with a maximum penalty of 10 years.
The following are the aggravating circumstances that can raise the penalty to a maximum of 14 years:
- Adversely affected by intoxicating substances;
- Excessive speeding, taking part in a dangerous race or unlawful speed trial.
The offender will also merit a penalty of 14 years if he knows, or ought to reasonably know that the other person has been killed or seriously injured but did not give any assistance before a police officer arrives. An arrest warrant is no longer necessary and the license of the offender may be immediately suspended.
To convict the accused for this crime, the police and prosecution must be able to prove to the court that the accused was driving in a dangerous manner. They must be able to prove that such driving is dangerous to the public whether in a public or private place. The application of any of the aggravating circumstances must also be proved.
The police in order to prove their case in Court of dangerous driving that causes grievous bodily harm they must be able to find evidence that proves beyond reasonable doubt that the accused was operating a vehicle in a place that was dangerous and caused grievous bodily harm to a person.
The maximum penalty for the offence of dangerous driving that causes grievous bodily harm does vary and depends on the circumstances that surround the offence. There is, however, a possible defence for this and that is the uncertainty as to who was driving the vehicle at the time and whether it was actually being driven dangerously and if it was the driving of the vehicle that was really responsible for the grievous bodily harm.
It is only an experienced Queensland defence lawyer who can truly determine the position of the accused and ensure that the penalty received really matches the offence. No defence means that the offender will never get a just hearing in the court as the prosecution will present evidence that is difficult to refute and only a defence lawyer can stand up and ensure justice is done.
If you have been charged with a Dangerous driving that causes grievous bodily harm offence or , it is important that you seek legal advice. Contact our Criminal lawyers .