South Australian Numbered Acts South Australian Numbered ActsAfter section 19A insert:
19AB—Leaving accident scene etc after causing death or harm by careless
use of vehicle or vessel
(1) A person
who—
(a)
drives a vehicle or operates a vessel without due care or attention; and
(b) by
that conduct, causes the death of another; and
(c)
fails to satisfy the statutory obligations of a driver of a vehicle or an
operator of a vessel (as the case may be) in relation to the incident,
is guilty of an offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the
offence—
(i)
for a first 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 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.
(2) A person
who—
(a)
drives a vehicle or operates a vessel without due care or attention; and
(b) by
that conduct, causes physical harm to another; and
(c)
fails to satisfy the statutory obligations of a driver of a vehicle or an
operator of a vessel (as the case may be) in relation to the incident,
is guilty of an offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the
offence and the physical harm caused to a person amounts to serious
harm—
(i)
for a first 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 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 the physical harm caused to any person does not amount to serious
harm—
(i)
for a first 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 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.
(3) For the purposes
of subsection (1) and (2)—
(a) a
person fails to satisfy the statutory obligations of a driver of a vehicle in
relation to an incident if the person commits an offence against section 43 of
the Road Traffic Act 1961 in relation to the incident; and
(b) a
person fails to satisfy the statutory obligations of an operator of a vessel
in relation to an incident if the person commits an offence against section 75
or 76 of the Harbors and Navigation Act 1993 in relation to the incident.
(4) In determining
whether an offence is a first or subsequent offence for the purposes of this
section, all previous offences against this section or section 19A that
involved the driving of a motor vehicle or operation of a motor vessel must be
taken into account except that such an offence will not be taken to be a
previous offence for the purposes of subsection (1), or an offence
against subsection (2) in which serious harm was caused to a person,
unless it resulted in the death of, or grievous bodily or serious harm to, the
victim.
(5) 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.
(6) 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 (2)
in respect of each person who suffers physical 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).