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Dangerous driving causing grievous bodily harm

Dangerous Driving Causing GBH Whilst Adversely Affected is an indictable offence under Section 328A of the Criminal Code Queensland. It is either dealt with in the District Court or Magistrates Court.

A person who operates, or in any way interferes with the operation of a vehicle dangerously in any place commits dangerous driving. The maximum penalty for which is 3 years imprisonment or 200 penalty points.

If a person on the other hand commits dangerous driving and causes death or bodily harm to another person, he may be imprisoned for 10 years. The penalty could be up to 14 years if the person is

  • adversely affected by an intoxicating substance
  • excessively speeding
  • taking part in an unlawful race

If the offender however is adversely affected by an intoxicating substance or is excessively speeding or taking part in a dangerous race or unlawful speed trial or has been previously convicted either upon indictment or summarily of another traffic offence, the maximum penalty becomes higher (400 penalty points or 5 years imprisonment).

If the offender knows that another person has been killed or injured, and he leaves the scene of the incident, other than to obtain medical or other help for the other person, the offence is aggravated and he may be punished with imprisonment for up to 14 years.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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