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CRIMINAL CODE 1899 - SECT 328A
Dangerous operation of a vehicle
328A Dangerous operation of a vehicle
(1) A person who operates, or in any way interferes with the operation of, a
vehicle dangerously in any place commits a misdemeanour. Penalty—
Maximum penalty—200 penalty units or 3 years imprisonment.
(2) If the
offender— (a) at the time of committing the offence is adversely affected by
an intoxicating substance; or
(b) at the time of committing the offence is
excessively speeding or taking part in an unlawful race or
unlawful speed trial; or
(c) has been previously convicted either upon
indictment or summarily of an offence against this section;
the person commits
a crime. Penalty— Maximum penalty—400 penalty units or 5 years
imprisonment.
(3) If the offender has been— (a) previously convicted
either upon indictment or summarily of an offence against this section
committed while the offender was adversely affected by an intoxicating
substance; or
(b) twice previously convicted either upon indictment or
summarily (or once upon indictment and once summarily) of the same
prescribed offence or different prescribed offences;
the court or justices
shall, upon conviction, impose as the whole or part of the punishment,
imprisonment.
(4) A person who operates, or in any way interferes with the
operation of, a vehicle dangerously in any place and causes the death of or
grievous bodily harm to another person commits a crime and is liable on
conviction on indictment— (a) to imprisonment for 10 years, if neither
paragraph (b) nor (c) applies; or
(b) to imprisonment for 14 years if, at the
time of committing the offence, the offender is— (i) adversely affected by
an intoxicating substance; or
(ii) excessively speeding; or
(iii) taking
part in an unlawful race or unlawful speed trial; or
(c) to imprisonment for
14 years, if the offender knows, or ought reasonably know, the other person
has been killed or injured, and the offender leaves the scene of the incident,
other than to obtain medical or other help for the other person, before a
police officer arrives.
(5) The offender may be arrested without warrant.
(6) In this section—
"excessively speeding" means driving or operating a vehicle at a speed more
than 40km/h over the speed limit applying to the driver under the
Transport Operations (Road Use Management) Act 1995 .
"operates, or in any way interferes with the operation of, a vehicle
dangerously" means operate, or in any way interfere with the operation of, a
vehicle at a speed or in a way that is dangerous to the public, having regard
to all the circumstances, including— (a) the nature, condition and use of
the place; and
(b) the nature and condition of the vehicle; and
(c) the
number of persons, vehicles or other objects that are, or might reasonably be
expected to be, in the place; and
(d) the concentration of alcohol in the
operator’s blood or breath; and
(e) the presence of any other substance in
the operator’s body.
"place" does not include a place being lawfully used to race or test vehicles
under a licence or another authority under an Act and from which other traffic
is excluded at the time.
"prescribed offence" means— (a) an offence against this section; or
(b) an
offence charged on indictment involving the driving or operation of a vehicle
at a speed causing or likely to cause injury to anyone; or
(c) an offence
against the Transport Operations (Road Use Management) Act 1995 , section 79
(1) , (1F) , (2) , (2AA) , (2A) , (2B) , (2D) or (2J) .
"the public" includes passengers in a vehicle whether in a public or private
place.
"unlawful race" means a race involving a vehicle in contravention of the
Transport Operations (Road Use Management) Act 1995 , section 85 .
"unlawful speed trial" mean a trial of the speed of a vehicle in contravention
of the Transport Operations (Road Use Management) Act 1995 , section 85 .
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