Dangerous Driving Occasioning Death VIC
According to Crimes Act 1958 - SECT 319, dangerous driving that results to death is an indictable offense and punishable by level 5 imprisonment, the maximum of which is 10 years.
To prove that a crime was committed the prosecutions needs to show proof that the following elements are present:
- The accused was driving the vehicle;
- The driving was done in a speed or manner that is dangerous to the public;
- The driving was the cause of the death of the victim.
All these elements must be present and the evidence must be to the satisfaction of the court. It is the county courts that have jurisdiction over this offense. On the other hand, the accused may raise the defence that the driving was not in a manner that is dangerous or that he was not properly identified as the one driving the vehicle.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
Whether you're in Brisbane, Melbourne, Sydney, Perth or even Adelaide we have criminal lawyers that are ready to help you instantly.
Do you have a question about any aspect of criminal law. If yes, Complete this form "Ask a Question" and we will then send it off to one of our criminal lawyers.ASK A QUESTION