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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Dangerous Driving) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF CRIMES ACT 1958 3
3. Handling stolen goods 3
4. New section 88A inserted 3
88A. Alternative counts of theft and handling stolen goods 3
5. Driving while fatigued 4
6. New section 319 inserted 4
319. Dangerous driving causing death or serious injury 4
7. New section 422A inserted 5
422A. Alternative verdict for certain charges relating to driving 5
8. New section 600 inserted 5
600. Transitional provisions--Crimes (Dangerous Driving)
Act 2004 5
PART 3--AMENDMENT OF SENTENCING ACT 1991 7
9. Cancellation or suspension of driver licence 7
PART 4--AMENDMENT OF MAGISTRATES' COURT ACT 1989 8
10. Destroying or damaging property 8
ENDNOTES 9
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PARLIAMENT OF VICTORIA
Initiated in Assembly 1 June 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Crimes Act 1958 to create an offence of dangerous
driving causing death or serious injury, to provide that driving while
fatigued may constitute culpable driving causing death and to make a
change to the elements of the offence of handling stolen goods and
deal with the procedure on the trial of alternative counts of theft and
handling stolen goods, to amend the Sentencing Act 1991 and the
Magistrates' Court Act 1989 and for other purposes.
Crimes (Dangerous Driving) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is--
(a) to amend the Crimes Act 1958--
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551187B.I1-3/6/2004 BILL LA CIRCULATION 3/6/2004
Crimes (Dangerous Driving) Act 2004
Act No.
Part 1--Preliminary
s. 2
(i) to create an offence of dangerous
driving causing death or serious injury;
and
(ii) to provide that driving while fatigued
Victorian Legislation Parliamentary Documents
may constitute culpable driving causing
5
death; and
(iii) to make a change to the elements of the
offence of handling stolen goods and
deal with the procedure on the trial of
alternative counts of theft and handling
10
stolen goods; and
(b) to amend the Sentencing Act 1991 to
provide for mandatory driver licence
cancellation and a period of disqualification
for the offence of dangerous driving causing
15
death or serious injury; and
(c) to amend the Magistrates' Court Act 1989
to clarify that certain arson offences are
triable summarily.
2. Commencement
20
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
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Crimes (Dangerous Driving) Act 2004
Act No.
Part 2--Amendment of Crimes Act 1958
s. 3
See:
PART 2--AMENDMENT OF CRIMES ACT 1958
Act No.
6321.
3. Handling stolen goods Reprint No. 17
as at
Victorian Legislation Parliamentary Documents
In section 88(1) of the Crimes Act 1958, omit 17 June 2003
and
"(otherwise than in the course of the stealing)". amending
Act Nos
63/2003,
80/2003,
104/2003,
105/2003,
16/2004 and
20/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
4. New section 88A inserted
5
After section 88 of the Crimes Act 1958 insert--
"88A. Alternative counts of theft and handling
stolen goods
If--
(a) a charge for an offence of theft under
10
section 74 and a charge for an offence
of handling stolen goods under
section 88 are joined in the same
presentment as alternative counts and
tried together; and
15
(b) the jury are satisfied beyond reasonable
doubt that the accused is either guilty of
theft or guilty of handling stolen goods
but are unable to agree on which
offence the accused should be found
20
guilty of--
the jury must acquit the accused of handling
stolen goods and find the accused guilty of
theft and the accused is liable to punishment
accordingly.".
25
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Crimes (Dangerous Driving) Act 2004
Act No.
Part 2--Amendment of Crimes Act 1958
s. 5
5. Driving while fatigued
After section 318(2) of the Crimes Act 1958
insert--
Victorian Legislation Parliamentary Documents
"(2A) Without limiting sub-section (2)(b),
negligence within the meaning of that sub-
5
section may be established by proving that--
(a) a person drove a motor vehicle when
fatigued to such an extent that he or she
knew, or ought to have known, that
there was an appreciable risk of him or
10
her falling asleep while driving or of
losing control of the vehicle; and
(b) by so driving the motor vehicle the
person failed unjustifiably and to a
gross degree to observe the standard of
15
care which a reasonable person would
have observed in all the circumstances
of the case.".
6. New section 319 inserted
After section 318 of the Crimes Act 1958
20
insert--
'319. Dangerous driving causing death or
serious injury
(1) A person who, by driving a motor vehicle at
a speed or in a manner that is dangerous to
25
the public having regard to all the
circumstances of the case, causes the death
of, or serious injury to, another person is
guilty of an indictable offence and liable to
level 6 imprisonment (5 years maximum).
30
(2) In this section "serious injury" has the
meaning given by section 15.'.
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Crimes (Dangerous Driving) Act 2004
Act No.
Part 2--Amendment of Crimes Act 1958
s. 7
7. New section 422A inserted
After section 422 of the Crimes Act 1958
insert--
Victorian Legislation Parliamentary Documents
"422A. Alternative verdict for certain charges
relating to driving
5
(1) If on the trial of a person charged with an
offence against section 24 (negligently
causing serious injury) or 318 (culpable
driving causing death) the jury are not
satisfied that he or she is guilty of the
10
offence charged but are satisfied that he
or she is guilty of an offence against
section 319 (dangerous driving causing
death or serious injury), the jury may acquit
the accused of the offence charged and find
15
him or her guilty of the offence against
section 319 and he or she is liable to
punishment accordingly.
(2) This section does not restrict the operation of
section 421 or 422.".
20
8. New section 600 inserted
After section 599 of the Crimes Act 1958
insert--
"600. Transitional provisions--Crimes
(Dangerous Driving) Act 2004
25
(1) Section 88 (as amended by section 3 of the
Crimes (Dangerous Driving) Act 2004)
applies only to offences alleged to have been
committed on or after the commencement of
that Act.
30
(2) Section 88A (as inserted by section 4 of the
Crimes (Dangerous Driving) Act 2004)
applies to any trial that commences on or
after the commencement of that Act
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Crimes (Dangerous Driving) Act 2004
Act No.
Part 2--Amendment of Crimes Act 1958
s. 8
regardless of when the offences are alleged
to have been committed.
(3) Section 319 (as inserted by section 6 of the
Crimes (Dangerous Driving) Act 2004)
Victorian Legislation Parliamentary Documents
applies only to offences alleged to have been
5
committed on or after the commencement of
that Act.
(4) For the purposes of this section--
(a) if an offence is alleged to have been
committed between two dates, one
10
before and one after the
commencement of the Crimes
(Dangerous Driving) Act 2004, the
offence is alleged to have been
committed before that commencement;
15
and
(b) a trial commences on arraignment of
the accused in accordance with
Subdivision (12) of Division 1 of
Part III of this Act.".
20
__________________
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551187B.I1-3/6/2004 BILL LA CIRCULATION 3/6/2004
Crimes (Dangerous Driving) Act 2004
Act No.
Part 3--Amendment of Sentencing Act 1991
s. 9
See:
PART 3--AMENDMENT OF SENTENCING ACT 1991
Act No.
49/1991.
9. Cancellation or suspension of driver licence Reprint No. 7
as at
Victorian Legislation Parliamentary Documents
(1) In section 89(1) of the Sentencing Act 1991-- 1 January
2004
(a) in paragraph (c) for "1958--" substitute and
amending
"1958; or";
5 Act Nos
2/2002,
(b) after paragraph (c) insert-- 13/2003,
53/2003,
"(d) an offence under section 319 of the 10/2004 and
20/2004.
Crimes Act 1958--"; LawToday:
www.dms.
(c) for "24 months" substitute "18 months, in dpc.vic.
the case of an offence under section 319 of gov.au
10
the Crimes Act 1958, or 24 months in any
other case".
(2) After section 89(1) of the Sentencing Act 1991
insert--
"(1A) A period of disqualification under sub-
15
section (1) commences on the day that the
order imposing it is made or on such other
later day as the court specifies in the order.".
__________________
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Crimes (Dangerous Driving) Act 2004
Act No.
Part 4--Amendment of Magistrates' Court Act 1989
s. 10
See: PART 4--AMENDMENT OF MAGISTRATES' COURT ACT
Act No.
1989
51/1989.
Reprint No. 9
as at
Victorian Legislation Parliamentary Documents
10. Destroying or damaging property
7 May 2003
and
In clause 35 of Schedule 4 to the Magistrates'
amending
Court Act 1989, after "1958" insert "(including
5 Act Nos
27/2002,
offences charged as arson)".
28/2003,
39/2003,
52/2003,
74/2003,
80/2003,
94/2003 and
108/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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551187B.I1-3/6/2004 BILL LA CIRCULATION 3/6/2004
Crimes (Dangerous Driving) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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551187B.I1-3/6/2004 BILL LA CIRCULATION 3/6/2004
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