Have you been charged with Dangerous Driving Causing Serious Injury?
Dribbin & Brown Criminal Lawyers can help you. We regularly defend clients charged with dangerous driving causing serious injury. We have offices located at Melbourne CBD, Dandenong, Ringwood, Moorabbin, Frankston, Werribee, Geelong and Ballarat.
Dangerous driving causing death or serious injury is governed by section 319 of the Crimes Act 1958.
The only difference between dangerous driving causing death and dangerous driving causing serious injury is the level of injury inflicted as one relates to death and the latter relates to serious injury.
For a fuller discussion in relation to the various elements regarding this charge see dangerous driving causing death.
What is considered ‘serious injury’ in relation to dangerous driving causing serious injury?
The definition of serious injury is contained in section 15 of the Crimes Act 1958. It states that for an injury to be serious it must be either:
(a) an injury (including the cumulative effect of more than one injury) that
(i) endangers life; or
(ii) is substantial and protracted; or
(b) the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm.
The maximum penalty
If found guilty of dangerous driving causing serious injury pursuant to section 319(1A) of the Crimes Act, then the maximum penalty is five years imprisonment.
Upon a finding of guilt, the court must also disqualify the offender from driving for a minimum period of 18 months pursuant to section 89(2)(a) of the Sentencing Act 1991. There is no maximum period which means the magistrate or judge may impose a longer disqualification period, if they choose.
Where will the case be heard?
Dangerous driving causing serious injury can be heard in the magistrates court or the county court. If your matter is listed in the committal stream, there is some potential for you to make what is called a summary jurisdiction application and have the matter finalise in the magistrates court.
What to do next
If you have been charged with dangerous driving causing serious injury, you should treat the matter very seriously. People found guilty in relation to this charge will often be at risk of serving immediate time in prison.
The law in relation to this area is often fraught with difficulty. Dont leave your chances to any lawyer, go with a specialist.
Engaging experienced lawyers in this area is absolutely critical so contact us today for a discussion.