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 the
death of, or grievous bodily harm or bodily harm to, another person and the
driver was, at the time of the incident, driving the motor vehicle without due
care and attention, the driver commits an offence.
Penalty for this subsection: imprisonment for 3
years or a fine of 720 PU 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 3 months.
(2) For the purposes
of subsection (1) —
(a) it
is immaterial that the death, grievous bodily harm or 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; and
(b) when
an incident occasions grievous bodily harm to a person and that person
receives surgical or medical treatment, and death results either from the harm
or the treatment, the incident is deemed to have occasioned the death of that
person, although the immediate cause of death was the surgical or medical
treatment if the treatment was reasonably proper in the circumstances and was
applied in good faith.
(3) A person charged
with an offence against subsection (1) may, instead of being convicted of that
offence, be convicted of an offence against section 62.
[Section 59BA inserted: No. 25 of 2016 s. 25.]