Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 174 –
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For an offence under this Division, a person's conduct causes death or harm if it substantially contributes to the death or harm.
(1) For this Division, conduct that may give rise to a danger of death or serious harm includes exposing a person to the risk of catching a disease that may give rise to a danger of death or serious harm.
(2) For this Division, conduct gives rise to a danger of death or serious harm if it is ordinarily capable of creating a real, and not merely a theoretical, danger of death or serious harm.
(3) Conduct may give rise to a danger of death or serious harm whatever the statistical or arithmetical calculation of the degree of risk of death or serious harm involved.
(4) In the prosecution of an offence under Subdivision 2, it is not necessary to prove that a person was actually placed in danger of death or serious harm by the conduct concerned.
A person is guilty of a crime if –
(a) the person engages in conduct; and
(b) that conduct gives rise to a danger of death to any person; and
(c) the person is reckless as to the danger of death to any person that arises from the conduct.
Penalty: Imprisonment for 10 years or, for an aggravated offence, 14 years.
A person is guilty of a crime if –
(a) the person engages in conduct; and
(b) that conduct gives rise to a danger of serious harm to any person; and
(c) the person is reckless as to the danger of serious harm to any person that arises from the conduct.
Penalty: Imprisonment for 7 years or, for an aggravated offence, 10 years.
A person is guilty of a crime if –
(a) the person engages in conduct; and
(b) that conduct causes serious harm to another person; and
(c) the person is negligent as to causing serious harm to the other person or any other person by the conduct.
Penalty: Imprisonment for 10 years.
(1) A person is guilty of a crime if –
(a) the person drives a motor vehicle dangerously; and
(b) that conduct causes the death of any person.
Penalty: Imprisonment for 10 years.
(2) A person is guilty of a crime if –
(a) the person drives a motor vehicle dangerously; and
(b) that conduct causes serious harm to any person.
Penalty: Imprisonment for 7 years.
(3) For subsections (1)(a) and (2)(a), a person drives a motor vehicle dangerously if the person drives the vehicle –
(a) while under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vehicle; or
(b) at a speed that is dangerous to another person; or
(c) in a manner that is dangerous to another person.
(4) An offence against subsection (1) or (2) is an offence of strict liability.
(5) A person who is convicted or acquitted of an offence against subsection (1) or (2) is not liable to be convicted of another offence against this Code on the same facts or substantially the same facts.
The following are circumstances of aggravation for an offence committed against section 174C or 174D and a maximum penalty specified in the section for an aggravated offence applies if any such circumstance of aggravation applies to the offence:
(a) the offence was committed by the use or threatened use of an offensive weapon;
(b) the offence was committed against a public officer who was, at the time of the offence, acting in the course of his or her duty as a police officer, prison officer or other law enforcement officer;
(c) the offence was committed against a person who was involved in any capacity in legal proceedings in connection with any conduct or future conduct of the person in respect of those proceedings;
(d) the offence was committed against a child under the age of 10 years;
(e) the offence was committed against a person in abuse of a position of trust;
(f) the offence was committed against a person in abuse of a position of authority.
(1) If the prosecution intends to prove an aggravated offence, the relevant circumstances of aggravation must be contained in the charge.
(2) In order to prove an aggravated offence, the prosecution must prove that the person who committed the offence intended or was reckless as to the circumstances of aggravation.