Western Australian Current Acts Western Australian Current Acts (1) If a motor vehicle
driven by a person (the driver ) 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 —
(a)
while under the influence of alcohol to such an extent as to be incapable of
having proper control of the vehicle; or
(ba)
while under the influence of drugs to such an extent as to be incapable of
having proper control of the vehicle; or
(bb)
while under the influence of alcohol and drugs to such an extent as to be
incapable of having proper control of the vehicle; or
(b) 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.
(2) For the purposes
of this section —
[(a) deleted]
(b) it
is immaterial that the bodily harm might have been avoided by proper
precaution on the part of a person other than the person charged or might have
been prevented by proper care or treatment.
(3) Subject to
subsection (3a), a person convicted of an offence against subsection (1) is
liable —
(a) for
a first offence, to a fine of 180 PU or to imprisonment for 9 months; and, in
any event, the court convicting that person shall order that he be
disqualified from holding or obtaining a driver’s licence for a period
of not less than 12 months;
(b) for
a second or subsequent offence, to a fine of 360 PU or to imprisonment for 18
months; and, in any event, the court convicting that person shall order that
he be disqualified from holding or obtaining a driver’s licence for a
period of not less than 18 months.
(3a) In the case of an
offence under subsection (1)(a), (ba) or (bb), or an offence under subsection
(1)(b) committed in circumstances of aggravation, the offence is a crime and a
person convicted of it is liable to a fine of any amount and imprisonment for
10 years and in any event the court convicting the person shall order that he
be disqualified from holding or obtaining a driver’s licence for a
period of not less than 2 years.
Summary conviction penalty: imprisonment for 3
years or a fine of 720 PU and in any event the court convicting the person
shall order that he be disqualified from holding or obtaining a driver’s
licence for a period of not less than 18 months.
(4A) A court
sentencing a person for an offence against this section committed in the
circumstance of aggravation referred to in section 49AB(1)(c) must —
(a)
sentence the person to a term of imprisonment of at least 6 months; and
(b) not
suspend the term of imprisonment.
(4B) Subsection (4A)
applies whether the person was convicted on indictment or summarily and
despite the Sentencing Act 1995 Part 5.
(4) A person charged
with an offence against this section may, instead of being convicted of that
offence, be convicted of an offence against section 59BA(1) , 61 or 62.
[Section 59A inserted: No. 89 of 1978 s. 13;
amended: No. 82 of 1982 s. 10; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No.
50 of 2003 s. 92(2); No. 44 of 2004 s. 6; No. 39 of 2007 s. 23; No. 59 of 2012
s. 7; No. 2 of 2015 s. 5; No. 25 of 2016 s. 24.]