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ADLA member for - TAS

Written by
Greg Barns
Criminal Defence Lawyer


Driving - Dangerous Driving Offences - TAS
Welcome to the TAS Causing death by dangerous driving article page. Everything you need to know about Causing death by dangerous driving according to TAS law - Dated: 09/01/2009

What the Law States according to TAS Law for Causing death by dangerous driving

According to TAS Law for the charge of Causing death by dangerous driving,

Criminal Code Act 1924  SECT 167A

167A. Causing death by dangerous driving

Any person who causes the death of another person by the driving of a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including in the case of the driving of a motor vehicle on a public street, the nature, condition and use of the street, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the street, is guilty of a crime.

The Maximum Penalty - Causing death by dangerous driving

According to TAS Law for the charge of Causing death by dangerous driving, The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

What the Police must prove according to TAS Law for Causing death by dangerous driving

(a) That the accused was driving the vehicle
(b) The accused was driving at a speed or in a manner that was  dangerous
(c) That the driving caused the death of a person

Possible Defences under TAS Law - Causing death by dangerous driving

(a) Factual dispute

(b)  Necessity

(c)  Lack of intent

(d)  Identification dispute

(e) Mental impairment

(f) Duress

In TAS which court will hear the matter - Causing death by dangerous driving

Supreme Court
n/a
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