One of the major traffic offenses in Victoria and in the whole of Australia is any traffic offense that results in the death of a person or in a person sustaining grievous bodily harm.
Thus, if the accused was driving with a blood alcohol content of .06% and he collides with a tree resulting in the death of a passenger in his vehicle, the driver will be indicted for both the offense of PCA (driving with prescribed content of alcohol) which is a drink driving offense.
PCA usually carries a penalty of a fine, demerit points and disqualification from driving for 3 months for the first offense. But here, because the minor traffic offense resulted in death or bodily injury of the victim, it automatically becomes a major traffic offense. This means that it is an indictable offense and imprisonment is likely.
What makes this a major traffic offense is the death or grievous bodily harm of injury sustained by a third party (meaning a person other than the accused). The third person can be a pedestrian who was crossing the street; he could be the driver of another vehicle with whose vehicle the vehicle of the accused collided; he could be a passenger of the other vehicle with which the vehicle of the accused collided. The third person can also be a passenger in the car of the accused himself.
As long as the death or grievous bodily injury sustained by the victim is attributable to the traffic violation committed by the accused, even if the traffic violation is a minor offense, the death or grievous bodily injury will be considered to be the natural, logical, foreseeable, and proximate cause of such death or bodily injury. The death or grievous bodily injury elevates the summary offense into an indictable offense.
If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. Criminal Lawyers Brisbane , Criminal lawyers Sydney ,Criminal lawyers Melbourne,criminal lawyers Perth
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.