Will I go to jail for Dangerous Drive Occasioning Grievous Bodily Harm?

The maximum penalty is 7 years imprisonment.

It is likely that jail will be imposed, particularly if the circumstances of the offence are serious. However, in certain circumstances an intensive corrections order or community corrections order may be possible.

Alternatively, if the dangerous driving results in death, then more serious penalties apply.

In deciding your sentence, the court will consider a number of factors. For example:

• The seriousness of the charge
• Your criminal history
• Your traffic history
• Any rehabilitation you have completed
• Your subjective circumstances

What do the police have to prove?

The prosecution must prove beyond reasonable doubt that you:

1. Were the driver of the vehicle 
2. That was involved in an accident
3. The accident resulted in grievous bodily harm, and 
4. You were either under the influence of alcohol or a drug, speeding or driving in a manner dangerous

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

However, it’s possible that you could be found guilty of a less serious offence if only some elements are proved. For example, negligent driving occasioning grievous bodily harm. In other words, where there was no “dangerous” element to the driving. For this charge, it is more likely to avoid jail.

Will I lose my licence for Dangerous Drive Occasioning Grievous Bodily Harm?

Yes, you will lose your licence upon conviction.

The automatic disqualification period is 3 years and the minimum period is 12 months. However, completing the Traffic Offenders Program may help to reduce the period of disqualification.