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Dangerous driving causing death or serious injury

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Written by
Kristina Kothrakis
Criminal Defence Lawyer

Contact Kristina Kothrakis 

03 9670 5111


Driving - Other Traffic Offences - VIC
The Law - Dangerous driving causing death or serious injury

What the Law states - Dangerous driving causing death or serious injury


Crimes Act 1958 - SECT 319

Dangerous driving causing death or serious injury

319. Dangerous driving causing death or serious injury

(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).

(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).

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

Maximum Penalty for the charge of Dangerous driving causing death or serious injury


(1) death- 10 years

(1A) Serious injury- 5 years 

What the Prosecution must prove - Dangerous driving causing death or serious injury


1. That the accused was driving the vehicle

2. The accused was driving at a speed or in a manner that was dangerous

3. That the driving caused the death of a person (s319(1) or

4. That the driving caused the serious injury of a person (s319(1A)

Possible Defences - Dangerous driving causing death or serious injury


1. Factual dispute

2. Identification

Which court will hear the charge of Dangerous driving causing death or serious injury


County Court

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