A person who causes death to another person by reason of dangerous driving can be charged with the criminal offense of dangerous driving causing death.
The Criminal Code Queensland, particularly Section 328A, is the governing law that provides for dangerous operation of a vehicle.
Under this law, a person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place and causes the death of another person commits a crime and is liable on conviction for imprisonment of 10 years. Existence of aggravating circumstances may raise the penalty up to 14 years such as if the driver was driving while under the influence of drugs or alcohol. The accused can refute the charges against him by proving to the court that he was not driving dangerously and that he in fact was exercising diligence while driving. Another defence is error in personae or mistaken identity. What the police must prove
The police, in order to prove their case in Court, must be able to prove beyond reasonable doubt that the accused was operating a vehicle in a place that was dangerous and caused death to a person. It is essential for the Police in all offences to be able to prove that the accused was without a doubt the person who committed the offence.
The maximum penalty for the offence of Dangerous Operation of a Motor Vehicle does vary and is related to the circumstances surrounding the offence. There is, however, a possible defence for this and that is uncertainty as to who was operating the vehicle, whether it was being driven dangerously and whether it was the driving of the vehicle that actually caused the death.
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 occasioning death offence, it is important that you seek legal advice. Contact our Criminal lawyers .