Dangerous Driving Occasioning Death | Hit and Run Offences in New South Wales

A woman in Adelaide has lost her life and three others have been hospitalised after a 5-car crash on the Port River Expressway in Adelaide.

It is reported that the 26-year-old woman was a passenger in one of the vehicles who unfortunately died at the scene. Emergency crew and police attended the scene at around 9:30pm following reports of the collision on 1 November 2022.

A 38-year-old woman from Port Adelaide was allegedly seen by witnesses to be the driver of a Holden Cruze involved in the collision, alight her vehicle, and run from the scene.

She has been charged with dangerous driving occasioning death, three counts of causing serious harm by dangerous driving, aggravated due care, leaving the scene of an accident, failure to exchange details after an accident and resisting police.

Another 18-year-old woman in another vehicle also sustained injuries from the multi-vehicle crash.

The woman has been refused bail and is expected to appear in the Port Adelaide Magistrates Court.

Hit and Run Laws, Offences and Penalties in New South Wales

By law, there is a duty for all drivers to stop and assist when they are involved in car crash on a public road.

At a crash site, individuals involved in a traffic accident are required to give necessary assistance within their capability to any injured person.

Under section 146 Road Transport Act 2013 (NSW)a person who drives a vehicle on a road that gets involved in an impact causing either injury or death to another person will be guilty of an offence if the person either knows or ought reasonably to know that the vehicle’s has been involved in an impact causing such harm or death, and where the person fails to stop and give assistance that may be necessary and that’s in the person’s power to give.

For first-time offenders, the maximum penalty is a $3,300 fine or 18 months in jail or both.

With this is also an automatic driver disqualification period of 3 years or a minimum of 12 months at the court’s discretion.

For a second or subsequent offender, the maximum penalties reach up to two years in jail or a 5,500 fine or both.

A driver will also face up to a 5-year of driver’s licence disqualification or a minimum of 2 years, at the court’s discretion.

Dangerous Driving Occasioning Death in New South Wales

In NSW 246 lives have already been lost due to traffic accidents this year.

Section 52A(1) of the Crimes Act 1900 (NSW) prescribes a maximum of 10 years imprisonment for the offence of dangerous driving occasioning death. It also attracts an automatic licence disqualification of 3 years (or an option for the court to impose the minimum 1 year).

This penalty will apply if a person drives a motor vehicle while intoxicated, or while driving in a speed or way that was dangerous to others that results in an impact causing death. The driving will be classified by the courts as “dangerous” if the driving causes a real or potential danger to the public.

This offence is different from negligent driving occasioning death.


By Jimmy Singh and Alyssa Maschmedt.

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