About Dangerous Driving Causing Bodily Harm
Learn more about dangerous driving charges in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged dangerous driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our traffic lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
- Past Cases
- Good Results
- Happy Clients
Dangerous Driving Causing Bodily Harm
Road Traffic Act 1974 (WA)
Section 59A
“If a motor vehicle driven by a person is involved in an incident occasioning bodily harm to another person and the driver was, at the time of the incident, driving the motor vehicle
- while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or
- while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle; or
- while under the influence of alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle;
- in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person,
the driver commits an offence.”
Elements of the offence
- ‘Motor vehicle’ - Can be either ‘a vehicle that is built to be propelled by a motor that forms part of the vehicle’, such as a common car; or a self-propelled vehicle such as a trailer, a semi-trailer or caravan while attached to the vehicle.
- ‘Driven’ - In relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle.
- ‘Person’ - Means an ordinary person, an individual.
- ‘Bodily harm’ - Means any bodily injury which interferes with health or comfort.
What the Police & Prosecution must prove in court to secure a dangerous driving criminal conviction
- CONTENT
How they might prove this
- CONTENT
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Not the driver
It is a defence to prove that the accused person was not the driver of the motor vehicle.
Bodily harm unrelated
It may be a defence to the charge to prove that the bodily harm occasioned was not in any way attributable:
- to the fact that the person charged was under the influence of alcohol or of a drug,
- to the speed at which the vehicle was driven, or
- to the manner in which the vehicle was driven.
Duress
Where the accused commits the offence as a result of violence, threat or other pressure against the accused.
- the making of an actual threat,
- that the threat must be of death or serious injury to the accused or his or her family,
- that the threat was of such gravity that a person of ordinary firmness of mind and will, and of the same sex and maturity as the accused, would have yielded to the threat in the way that the accused did, and
- that the accused acted as he or she did because of the threat which was still acting on his or her mind at the time of the criminal act.
- for such a threat to be effective it must be continuing and be seen to be continuing and such threat will not be continuing and effective if the accused has a reasonable opportunity to render the threat ineffective.
Necessity
An urgent situation of imminent peril must exist in which the accused must honestly believe on reasonable grounds that it is necessary for him or her to do the acts which are alleged to constitute the offence in order to avoid the threatened danger. Those acts must not be disproportionate to the threatened danger.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
First offence
For a first offence, there is a fine of up to $9,000.00 or to imprisonment for up to 9 months; and compulsory disqualification from holding or obtaining a driver’s licence for a period of not less than 12 months. The minimum disqualification period cannot be lessened by mitigating circumstances.
Second or subsequent offences
For a second or subsequent offence, there is a maximum fine of $18,000.00 or to imprisonment for up to 18 months, and compulsory disqualification from holding or obtaining a driver’s licence for a period of not less than 18 months. The minimum disqualification period cannot be lessened by mitigating circumstances.
Circumstances of aggravation
In the case of an offence committed in circumstances of aggravation, a person convicted of it is liable to a fine of any amount and imprisonment for up to 10 years, and compulsory disqualification from holding or obtaining a driver’s licence for a period of not less than 2 years.
According to s 49AB of the Road Traffic Act, circumstances of aggravation include
- where the person was unlawfully driving the vehicle concerned without the consent of the owner or person in charge of the vehicle; or
- where the person was driving the vehicle concerned on a road at a speed that exceeded the speed limit applicable to the vehicle, or the length of road where the driving occurred, by 45 km/h or more; or
- where the person was driving the vehicle concerned to escape pursuit by a police officer.
Where sentenced by the Magistrates Court for an offence in circumstances of aggravation the summary conviction penalty applies. For this offence it may be imprisonment for up to 3 years or a fine of $36,000.00 and compulsory disqualification from holding or obtaining a driver’s licence for a period of not less than 18 months.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged dangerous driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our traffic lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
- Past Cases
- Good Results
- Happy Clients
The Law
Dangerous Driving Causing Bodily Harm
Road Traffic Act 1974 (WA)
Section 59A
“If a motor vehicle driven by a person is involved in an incident occasioning bodily harm to another person and the driver was, at the time of the incident, driving the motor vehicle
- while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or
- while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle; or
- while under the influence of alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle;
- in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person,
the driver commits an offence.”
Elements of the offence
- ‘Motor vehicle’ - Can be either ‘a vehicle that is built to be propelled by a motor that forms part of the vehicle’, such as a common car; or a self-propelled vehicle such as a trailer, a semi-trailer or caravan while attached to the vehicle.
- ‘Driven’ - In relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle.
- ‘Person’ - Means an ordinary person, an individual.
- ‘Bodily harm’ - Means any bodily injury which interferes with health or comfort.
What the Police & Prosecution must prove in court to secure a dangerous driving criminal conviction
- CONTENT
How they might prove this
- CONTENT
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Not the driver
It is a defence to prove that the accused person was not the driver of the motor vehicle.
Bodily harm unrelated
It may be a defence to the charge to prove that the bodily harm occasioned was not in any way attributable:
- to the fact that the person charged was under the influence of alcohol or of a drug,
- to the speed at which the vehicle was driven, or
- to the manner in which the vehicle was driven.
Duress
Where the accused commits the offence as a result of violence, threat or other pressure against the accused.
- the making of an actual threat,
- that the threat must be of death or serious injury to the accused or his or her family,
- that the threat was of such gravity that a person of ordinary firmness of mind and will, and of the same sex and maturity as the accused, would have yielded to the threat in the way that the accused did, and
- that the accused acted as he or she did because of the threat which was still acting on his or her mind at the time of the criminal act.
- for such a threat to be effective it must be continuing and be seen to be continuing and such threat will not be continuing and effective if the accused has a reasonable opportunity to render the threat ineffective.
Necessity
An urgent situation of imminent peril must exist in which the accused must honestly believe on reasonable grounds that it is necessary for him or her to do the acts which are alleged to constitute the offence in order to avoid the threatened danger. Those acts must not be disproportionate to the threatened danger.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
First offence
For a first offence, there is a fine of up to $9,000.00 or to imprisonment for up to 9 months; and compulsory disqualification from holding or obtaining a driver’s licence for a period of not less than 12 months. The minimum disqualification period cannot be lessened by mitigating circumstances.
Second or subsequent offences
For a second or subsequent offence, there is a maximum fine of $18,000.00 or to imprisonment for up to 18 months, and compulsory disqualification from holding or obtaining a driver’s licence for a period of not less than 18 months. The minimum disqualification period cannot be lessened by mitigating circumstances.
Circumstances of aggravation
In the case of an offence committed in circumstances of aggravation, a person convicted of it is liable to a fine of any amount and imprisonment for up to 10 years, and compulsory disqualification from holding or obtaining a driver’s licence for a period of not less than 2 years.
According to s 49AB of the Road Traffic Act, circumstances of aggravation include
- where the person was unlawfully driving the vehicle concerned without the consent of the owner or person in charge of the vehicle; or
- where the person was driving the vehicle concerned on a road at a speed that exceeded the speed limit applicable to the vehicle, or the length of road where the driving occurred, by 45 km/h or more; or
- where the person was driving the vehicle concerned to escape pursuit by a police officer.
Where sentenced by the Magistrates Court for an offence in circumstances of aggravation the summary conviction penalty applies. For this offence it may be imprisonment for up to 3 years or a fine of $36,000.00 and compulsory disqualification from holding or obtaining a driver’s licence for a period of not less than 18 months.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with dangerous driving experience
Meet with lawyers who have successfully defended many clients charged with dangerous driving.
- Past Cases
- Good Results
- Happy Clients
