Careless driving causing death, grievous bodily harm or bodily harm
59BA Careless driving causing death, grievous bodily harm or bodily harm
If a motor vehicle driven by a person (the driver) is involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, another person and the driver was, at the time of the incident, driving the motor vehicle without due care and attention, the driver commits an offence.
Penalty for this subsection: imprisonment for 3 years or a fine of 720 PU and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 3 months.
For the purposes of subsection (1) —
it is immaterial that the death, grievous bodily harm or bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment; and
when an incident occasions grievous bodily harm to a person and that person receives surgical or medical treatment, and death results either from the harm or the treatment, the incident is deemed to have occasioned the death of that person, although the immediate cause of death was the surgical or medical treatment if the treatment was reasonably proper in the circumstances and was applied in good faith.
A person charged with an offence against subsection (1) may, instead of being convicted of that offence, be convicted of an offence against section 62.
[Section 59BA inserted: No. 25 of 2016 s. 25.]
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