South Australian Numbered Acts South Australian Numbered ActsAfter section 19AB insert:
19AC—Dangerous driving to escape police pursuit etc
(1) A person who,
intending to—
(a)
escape pursuit by a police officer; or
(b)
cause a police officer to engage in a pursuit,
drives a motor vehicle in a culpably negligent manner, recklessly, or at a
speed or in a manner dangerous to the public is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—imprisonment for 3 years;
(b) for
an aggravated offence—imprisonment for 5 years.
(2) Where a court
convicts a person of an offence against subsection (1) the following
provisions apply:
(a) the
court must order that the person be disqualified from holding or obtaining a
driver's licence for such period, being not less than 2 years, as the court
thinks fit;
(b) the
disqualification prescribed by paragraph (a) may not be reduced or
mitigated in any way or be substituted by any other penalty or sentence;
(c) the
disqualification operates to cancel any driver's licence held by the convicted
person as at the commencement of the period of disqualification.
(3) If a person is
tried on a charge of an offence against section 29—
(a) the
person may not be convicted of both the offence against section 29 and an
offence against subsection (1) if the charge under subsection (1)
arises out of the same set of circumstances that gave rise to the charge under
section 29; and
(b) an
offence against subsection (1) is not available as an alternative verdict
to the charge under section 29 unless the offence against
subsection (1) was specified in the instrument of charge as an
alternative offence.