South Australian Numbered Acts

STATUTES AMENDMENT (VEHICLE AND VESSEL OFFENCES) ACT 2005 (NO 81 OF 2005) - SECT 9

9—Amendment of section 19A—Causing death or harm by dangerous use of vehicle or vessel

        (1)         Section 19A(1)(a)—delete "drives a motor vehicle" and substitute:

drives a vehicle or operates a vessel

        (2)         Section 19A(1)—after subsection (1) insert:

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.

        (3)         Section 19A(2)—delete subsection (2)

        (4)         Section 19A(3)(a)—delete "or rides a vehicle or an animal" and substitute:

a vehicle or operates a vessel

        (5)         Section 19A(3)(b)—delete "bodily"

        (6)         Section 19A(3)—after subsection (3) insert:

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.

        (7)         Section 19A(4)—delete subsection (4)

        (8)         Section 19A(5)—after "motor vehicle" insert:

or the operation of a motor vessel

        (9)         Section 19A(5)—delete "subsection (2) or (4)(a) unless it resulted in the death of," and substitute:

subsection (1), or an offence against subsection (3) in which serious harm was caused to a person, unless it resulted in the death of, or grievous bodily

        (10)         Section 19A(7)—after "omission" insert:

(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)

        (11)         Section 19A(10)—delete subsection (10)