Dangerous navigation of vessel occasioning bodily harm
75BB Dangerous navigation of vessel occasioning bodily harm
A person commits a crime if —
a vessel navigated by the person is involved in an incident occasioning bodily harm to another person; and
at the time of the incident, the person was navigating the vessel while under the influence of alcohol, a drug, or alcohol and a drug to such an extent as to be incapable of having proper control of the vessel.
Alternative offence for this subsection: subsection (3) or an offence specified in the Table.
Table — Alternative offences
Section no. | Section heading |
|---|---|
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection: imprisonment for 10 years and a fine of any amount.
Summary conviction penalty for this subsection: imprisonment for 3 years or a fine of $36 000.
A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
if the person is convicted on indictment — for a period of not less than 2 years;
if the person is convicted summarily — for a period of not less than 18 months.
A person commits a crime if —
a vessel navigated by the person is involved in an incident occasioning bodily harm to another person; and
at the time of the incident, the person was navigating the vessel in a manner that is dangerous to the public or to any person, having regard to all the circumstances of the case.
Alternative offence for this subsection: subsection (1) or an offence specified in the Table.
Table — Alternative offences
Section no. | Section heading |
|---|---|
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection:
if the offence is committed in circumstances of aggravation —
if the person is convicted on indictment — imprisonment for 10 years or a fine of any amount;
if the person is convicted summarily — imprisonment for 3 years or a fine of $36 000;
otherwise —
for a first offence, imprisonment for 9 months or a fine of $9 000;
for a second or subsequent offence, imprisonment for 18 months or a fine of $18 000.
A court sentencing a person for an offence against subsection (3) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
if the offence is committed in circumstances of aggravation — a period of not less than 2 years;
otherwise — a period of not less than 12 months.
[Section 75BB inserted: No. 31 of 2023 s. 14(1).]
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