Western Australian Current Acts Western Australian Current Acts (1) If a vehicle
driven by a person (the driver ) is involved in an incident occasioning bodily
harm to another person, the driver must stop immediately after the occurrence
of the incident and for as long as is necessary to comply with subsections (2)
and (6).
(2) If a vehicle
driven by a person (the driver ) is involved in an incident occasioning bodily
harm to another person (a victim ), the driver must ensure that each victim
receives all the assistance, including medical aid, that is necessary and
practicable in the circumstances.
(3) A person who
contravenes subsection (1) or (2) commits a crime.
Penalty for this subsection: imprisonment for
—
(a) 20
years, if the incident occasioned death and, in any event, the court
convicting the person must order that the person be disqualified from holding
or obtaining a driver’s licence for a period of not less than 2 years;
(b) 14
years, if the incident occasioned grievous bodily harm but not death and, in
any event, the court convicting the person must order that the person be
disqualified from holding or obtaining a driver’s licence for a period
of not less than 2 years;
(c) 10
years, in any other case and, in any event, the court convicting the person
must order that the person be disqualified from holding or obtaining a
driver’s licence for a period of not less than 12 months.
Summary conviction penalty in a case to which
paragraph (c) applies: imprisonment for 3 years and, in any event, the court
convicting the person must order that the person be disqualified from holding
or obtaining a driver’s licence for a period of not less than 12 months.
[(4) deleted]
(5) It is a defence to
a charge of an offence under subsection (3) for the accused to prove that the
accused was not aware of the occurrence of the incident.
(6) If a vehicle
driven by a person (the driver ) is involved in an incident occasioning bodily
harm to another person (a victim ), the driver must, if required to do so by a
victim, a representative of a victim, or a police officer, give the
driver’s name and address and, if known to the driver, the name and
address of a responsible person for the vehicle.
Penalty for this subsection: a fine of 30 PU.
(7) It is a defence to
a charge of an offence under subsection (3) or (6) for the accused to prove
that the accused could not comply with a requirement in the relevant provision
because of an injury suffered by the accused in the incident.
[Section 54 inserted: No. 39 of 2007 s. 20;
amended: No. 8 of 2012 s. 37; No. 25 of 2016 s. 5.]