Dangerous Driving Causing Death or GBH in NSW

Charged with dangerous driving causing death or grievous bodily harm? This is one of the most serious traffic offences in NSW. Unlike negligent driving, which involves carelessness, dangerous driving criminalises objectively dangerous conduct that causes death or serious injury. The maximum penalties range from 7 years to 14 years imprisonment depending on the circumstances, and full-time custody is a realistic and common outcome even for first offenders.

At Barsha Defence Lawyers, we defend dangerous driving charges in the District Court across NSW. These matters require urgent attention — from securing bail to engaging accident reconstruction experts to building a comprehensive defence case or sentencing strategy. This guide explains the law, the penalties, and your options.

The Offences: What Is Dangerous Driving?

Dangerous driving causing death or GBH is an offence under sections 52A and 52AB of the Crimes Act 1900 (NSW). The prosecution must prove three elements beyond reasonable doubt:

• You were driving a vehicle on a road or road-related area
• The manner of your driving was dangerous to the public
• That dangerous driving caused the death of, or grievous bodily harm to, another person

The test for dangerous driving is objective — it asks whether a reasonable person, observing the manner of driving, would regard it as dangerous. Your subjective belief about the safety of your driving is irrelevant.

What Is Grievous Bodily Harm?

Grievous bodily harm (GBH) is defined under section 4 of the Crimes Act 1900 as really serious bodily injury. This includes permanent or serious disfigurement, destruction of a foetus, any grievous bodily disease, and loss of a distinct part or organ of the body. Broken bones, serious head injuries, and injuries requiring surgery will typically qualify as GBH.

Maximum Penalties

The maximum penalties depend on whether the charge involves death or GBH, and whether it is aggravated:

What Makes Driving 'Dangerous'?

Whether driving is dangerous is assessed objectively based on all the circumstances, including:

• The speed at which you were travelling and the applicable speed limit
• The nature, condition, and use of the road
• The amount of traffic at the time, or which might reasonably be expected
• Weather and visibility conditions
• The condition of the vehicle
• Any failure to comply with road rules — running red lights, illegal overtaking, crossing double lines
• The distance you were able to see ahead
• Any distraction or inattention (mobile phone use, fatigue)

Examples of driving commonly charged as dangerous include: grossly excessive speeding, overtaking on blind corners, driving on the wrong side of the road, running red lights at high speed, deliberate risk-taking such as street racing, and driving while severely fatigued or impaired.

Causation: Did the Dangerous Driving Cause the Death or GBH?

The prosecution must prove that your dangerous driving caused the death or injury. Causation can be contested where:

• Another driver's actions were the real cause of the collision
• The deceased or injured person contributed to the accident through their own negligence or unlawful conduct
• An unforeseen mechanical failure or road defect caused the crash
• The injuries were caused by a subsequent event (e.g. medical negligence, secondary collision)

Causation is often the most contested element in dangerous driving trials. Expert accident reconstruction evidence is critical, and the prosecution's case can be defeated if causation cannot be established beyond reasonable doubt.

Defences to Dangerous Driving

Dangerous driving charges are seriously contested in many cases. Before deciding how to plead, you must have the prosecution brief reviewed by an experienced criminal lawyer. Our approach to contesting charges is explained on our Pleading Not Guilty page.

The Driving Was Not Objectively Dangerous

If the manner of your driving, assessed objectively, did not meet the threshold of danger to the public, you are entitled to an acquittal. This defence most commonly arises where the collision was caused by a momentary lapse, unforeseen hazard, or where the prosecution exaggerates the manner of driving.

The Dangerous Driving Did Not Cause the Death or GBH

If the death or injury was caused by something other than your dangerous driving — for example, the actions of another driver, a defect in the road, or a medical episode experienced by the deceased — causation has not been proved and you are entitled to an acquittal.

Medical Emergency or Sudden Incapacity

If you suffered a sudden and unforeseeable medical emergency — such as a heart attack, stroke, seizure, or hypoglycaemic episode — that caused you to lose control of the vehicle, you may have a complete defence of automatism. The medical episode must have been genuinely unforeseen and outside your control.

Mechanical Failure

If the collision was caused by an unforeseen mechanical failure — such as brake failure or steering malfunction — that you could not have reasonably anticipated, this may provide a defence. However, if you were aware of a defect or failed to maintain the vehicle properly, this defence will not succeed.

Sentencing for Dangerous Driving

If pleading guilty or found guilty, sentencing depends on:

• The objective seriousness of the dangerous driving — speed, duration, deliberateness
• The consequences — death vs injury, number of victims, impact on families
• Whether the offence is aggravated (influence of alcohol/drugs, excessive speed, pursuit)
• Your traffic and criminal history
• Your level of remorse and acceptance of responsibility
• Whether you cooperated with police and emergency services
• Your personal circumstances — age, employment, family responsibilities, mental health
• Whether you have engaged in rehabilitation or restorative justice
• The strength and quality of your character references

Intensive Correction Orders and Home Detention

An Intensive Correction Order (ICO) under the Crimes (Sentencing Procedure) Act 1999 allows a sentence of imprisonment to be served in the community under strict supervision rather than in custody. ICOs are available for sentences up to 2 years and require compliance with conditions including supervision, community service, curfews, and programs. For dangerous driving matters, an ICO is a realistic alternative to full-time custody in appropriate cases.

What Barsha Defence Lawyers Will Do

When you retain us on a dangerous driving matter:

• Obtain the full police brief including witness statements, scene photographs, CCTV, dashcam footage, collision report, forensic analysis
• Engage expert accident reconstruction witnesses to analyse speed, braking, visibility, and causation — critical for both defending the charge and minimising culpability at sentencing
• Challenge prosecution expert evidence where flawed or exaggerated
• If bail has been refused, appear urgently in bail proceedings in the Local Court or Supreme Court
• Advise honestly on prospects at trial and realistic sentencing outcomes
• Prepare comprehensive sentencing materials — victim impact acknowledgment, character references, employment letters, psychological reports, rehabilitation steps
• Appear in Parramatta District Court, Penrith District Court, Downing Centre District Court, and all other NSW District Court locations

Frequently Asked Questions

Will I go to jail for dangerous driving causing death?

Full-time imprisonment is a realistic outcome for dangerous driving causing death, particularly where the driving was aggravated (under the influence, excessive speed, pursuit). District Court statistics show that custodial sentences are imposed in the majority of these cases. However, an Intensive Correction Order allowing you to serve the sentence in the community is achievable in appropriate cases with strong legal representation.

What if the other driver was also at fault?

Contributory negligence by the deceased or injured person can be relevant to both liability and sentence. If the other driver was speeding, failed to give way, or acted unlawfully, this may defeat causation or significantly reduce your culpability at sentencing. Expert evidence is essential to establish this.

Can I be charged with both dangerous driving and negligent driving?

Yes. It is common to be charged with both offences arising from the same incident as alternative charges. The prosecution will typically proceed on the more serious charge (dangerous driving) but may fall back to negligent driving if they cannot establish the higher threshold of objective danger.

What if I had a medical emergency while driving?

A sudden and unforeseen medical emergency such as a heart attack, stroke, or seizure that causes you to lose control may provide a complete defence of automatism. However, if you were aware of a medical condition that put you at risk of such an episode and drove anyway, the defence will not succeed. Medical evidence is critical.

How long will I lose my licence?

A conviction for dangerous driving carries an automatic disqualification period set by the court — typically ranging from 1 to 5 years depending on the seriousness of the offence. The disqualification period can be appealed, but courts are reluctant to reduce it for serious dangerous driving matters.

Can dangerous driving charges be downgraded?

In some cases, the prosecution may agree to accept a plea to the lesser offence of negligent driving rather than dangerous driving. This depends on the strength of the prosecution case, the manner of driving, and the circumstances. Negotiation with the Director of Public Prosecutions through your lawyer may achieve this outcome.

Related Traffic Offences

• Negligent Driving
• Drink Driving (PCA)
• DUI
• Drug Driving

The information on this page is general and does not constitute legal advice. Every dangerous driving matter is different. Contact Barsha Defence Lawyers for advice tailored to your situation. Liability limited by a scheme approved under Professional Standards Legislation.