South Australian Current Acts South Australian Current Acts19A—Causing death or harm by dangerous use of vehicle or vessel
(a)
drives a vehicle or operates a vessel in a culpably negligent manner,
recklessly, or at a speed or in a manner dangerous to any person; and
(b) by
that culpable negligence, recklessness or other conduct, causes the death of
another,
is guilty of an indictable offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the
offence—
(i)
for a first offence that is a
basic offence—imprisonment for 15 years and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 10 years or such longer period as the
court orders;
(ii)
for a first offence that is an aggravated offence or for
any subsequent offence—imprisonment for life and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 10 years or such longer period as the
court orders;
(b)
where neither a motor vehicle nor motor vessel was used in the commission of
the offence—imprisonment for 7 years.
(a)
drives a vehicle or operates a vessel in a culpably negligent manner,
recklessly, or at a speed or in a manner dangerous to any person; and
(b) by
that culpable negligence, recklessness or other conduct, causes harm to
another,
is guilty of an indictable offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the
offence and serious harm was caused to a person—
(i)
for a first offence that is a
basic offence—imprisonment for 15 years and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 10 years or such longer period as the
court orders;
(ii)
for a first offence that is an aggravated offence or for
any subsequent offence—imprisonment for life and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 10 years or such longer period as the
court orders;
(b)
where a motor vehicle or motor vessel was used in the commission of the
offence but serious harm was not caused to any person—
(i)
for a first offence that is a
basic offence—imprisonment for 5 years and, in the case of an
offence involving the use of a motor vehicle, disqualification from holding or
obtaining a driver's licence for 1 year or such longer period as the
court orders;
(ii)
for a first offence that is an aggravated offence or for
any subsequent offence—imprisonment for 7 years and, in the case of
an offence involving the use of a motor vehicle, disqualification from holding
or obtaining a driver's licence for 3 years or such longer period as the
court orders;
(c)
where neither a motor vehicle nor motor vessel was used in the commission of
the offence—imprisonment for 5 years.
(5) In determining
whether an offence is a first or subsequent offence for the purposes of this
section a previous offence against—
(a) this
section; or
(b)
section 19AC; or
(c)
section 46 of the Road Traffic Act 1961 ; or
(d)
section 69A of the Harbors and Navigation Act 1993 ,
for which the defendant has been convicted will be taken into account.
(6) Where a convicted
person is disqualified from holding or obtaining a driver's licence—
(a) the
disqualification operates to cancel any driver's licence held by the convicted
person as at the commencement of the period of disqualification; and
(b) the
disqualification may not be reduced or mitigated in any way or be substituted
by any other penalty or sentence.
(7) A person is liable
to be charged with and convicted of an offence against subsection (1) in
respect of each person killed, and of an offence against subsection (3)
in respect of each person who suffers harm, in consequence of the same act or
omission (but in determining whether an offence arising out of a particular
act or omission is a first or subsequent offence for the purposes of this
section, a conviction for an offence arising out of the same act or omission
cannot be taken into account).
(8) Where at the trial
of a person for an offence against this section it appears that the defendant
was, or may have been, in a state of self-induced intoxication at the time of
the alleged offence but the evidence adduced at the trial would, assuming that
the defendant had been sober, be sufficient to establish the mental elements
of the alleged offence, the mental elements of the alleged offence shall be
deemed to have been established against the defendant.
(9) For the purposes
of subsection (8), intoxication shall be taken to be self-induced if it
results from the voluntary consumption of alcohol or a drug (not being a drug
supplied on the prescription of, and consumed in accordance with the
directions of, a legally qualified medical practitioner).
(10) It is a defence
to a charge of an offence against this section for the defendant to prove that
he or she was, at the time of the offence—
(a)
carrying out duties as an emergency worker; and
(b)
acting in accordance with the directions of his or her employing authority;
and
(c)
acting reasonably in the circumstances as he or she believed them to be.
(11) In this
section—
"emergency worker" means a police officer or a person who is an
emergency worker as defined by the regulations for the purposes of this
section;
"employing authority" means—
(a) in
relation to a police officer—the Commissioner of Police; or
(b) in
relation to a person who is an emergency worker as defined by the regulations
for the purposes of this section—the person defined by the regulations
as the employing authority for that person.