Causing death or serious harm by careless use of a vehicle under s 19ABA of the Criminal Law Consolidation Act 1935 (SA)
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Indictable offence
District Court of South Australia
Maximum penalty 7 years imprisonment
Licence disqualification 3 years
Causing Death or Serious Harm by Careless Use of Vehicle Key Facts
| Offence |
This offence applies from 1 January 2024. A person commits an offence if they: - drive a vehicle without due care or attention, or without reasonable consideration for others; and - by that conduct, cause the death of or serious harm to another person. The law applies to both motor vehicles and vessels, with higher penalties where a motor vehicle is involved. |
| Maximum Penalty |
Where a motor vehicle or vessel is involved: Basic offence: 5 years imprisonment and minimum 1 year licence disqualification. Aggravated offence: 7 years imprisonment and minimum 3 years licence disqualification. Where neither a vehicle nor vessel is involved: Causing death: 3 years imprisonment. Causing serious harm: 2 years imprisonment. Licence disqualification is mandatory and cannot be reduced or substituted. |
| Typical Sentence | Sentences vary depending on the harm caused and whether aggravating factors apply. First-time basic offences may result in suspended prison terms with licence disqualification, while aggravated offences almost always result in immediate imprisonment of several years. |
| Which Court? | Heard in the District Court of South Australia due to the seriousness of the offence. Less complex cases may be finalised in the Magistrates Court. |
| Process Timeline |
Police investigation (including crash reconstruction and toxicology) → Arrest or summons → Police interview → Bail consideration → Committal in Magistrates Court → Trial or sentencing in District Court → Licence disqualification imposed. (Average: 9–18 months) |
| Possible Defences |
1. Emergency Worker Defence: The driver was acting in the course of duties as an emergency worker, following directions, and acting reasonably in the circumstances. 2. No Causation: Arguing that the death or serious harm was not caused by the accused’s driving. 3. No Carelessness: Demonstrating that the driving met the standard of due care and attention in the circumstances. 4. Exceptional Circumstances (ILOL removal): Seeking to lift an instant loss of licence where exceptional circumstances exist and the driver does not pose a substantial public risk. |
| What The Prosecution Must Prove |
- That the accused drove a motor vehicle without due care or attention, or without reasonable consideration for others; - That this conduct caused the death or serious harm of another person; - If charged as an aggravated offence, that one or more aggravating factors were present, including: - driving while disqualified or suspended; - blood alcohol concentration of 0.08 or more; - driving under the influence of alcohol or drugs; - driving an ultra high powered vehicle with intervention system disabled; - knowingly driving with a material defect that contributed to the offence. |
Causing Death/Injury by Careless Use of Vehicle Case Scenarios
Below are examples of how causing death or serious harm by careless use of a vehicle offences may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A driver veered slightly over the centre line while reaching for a water bottle, clipping an oncoming cyclist. The cyclist sustained multiple fractures and internal injuries, classified as serious harm. The driver was fully licensed, not intoxicated, and had no prior history.
What to expect:
Charged with causing serious harm by careless driving (basic offence). The Court imposed a suspended sentence of 18 months, a 2-year licence disqualification, and placed the driver on a good behaviour bond, taking into account the clean record and guilty plea.
Mid-Level Offence
Scenario:
A disqualified motorist failed to slow at a stop sign and struck a pedestrian at a crosswalk. The pedestrian later died from head injuries.
What to expect:
Convicted of aggravated causing death by careless driving. The Court imposed 2 years imprisonment and a 7-year licence disqualification.
High-Level Offence
Scenario:
A disqualified driver with a blood alcohol reading of 0.8 momentarily distracted by adjusting the car stereo, failed to notice slowing traffic ahead and rear-ended another vehicle. The crash caused the death of the rear-seat passenger in the other car.
What to expect:
Convicted of aggravated causing death by careless driving due to driving while disqualified. The Court imposed 6 years imprisonment and a 12-year licence disqualification.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Causing Death or Serious Harm by Careless Use of Vehicle FAQ’s
If you need more information about careless use of a motor vehicle in South Australia, these FAQs answer the most common questions.
What is the offence of causing death or serious harm by careless driving in South Australia?
It is an offence under s 19ABA of the Criminal Law Consolidation Act 1935 (SA) to drive without due care or attention, or without reasonable consideration for others, where that conduct causes death or serious harm.
What is the maximum penalty for careless driving causing death?
The maximum penalty is 5 years imprisonment (basic) or 7 years imprisonment (aggravated), plus mandatory licence disqualification of at least 1 year (basic) or 3 years (aggravated).
What is the difference between careless driving causing death and dangerous driving causing death?
Careless driving involves a momentary lapse of attention or failure to exercise proper care, while dangerous driving involves a marked or substantial departure from the standard of a competent driver (e.g. prolonged speeding, reckless behaviour).
What counts as “serious harm” under this law?
“Serious harm” includes injuries such as broken bones, permanent disfigurement, or long-term health impacts. Minor injuries or temporary discomfort will not meet this threshold.
What is an aggravated offence under s 19ABA?
Aggravation occurs if the driver was disqualified or suspended, had a BAC of 0.08 or higher, was under the influence of drugs or alcohol, was driving an ultra high powered vehicle with safety systems disabled, or drove with a known material defect that contributed to the offence.
Can police issue an instant loss of licence for this offence?
Yes. If police reasonably believe a driver has committed this offence, they can issue an instant loss of licence (ILOL) notice immediately.
Can you challenge an instant loss of licence in court?
Yes. A driver can apply to the Magistrates Court to lift an ILOL, but must show exceptional circumstances and that they do not pose a substantial risk to the public.
How long will I lose my licence if convicted?
At least 1 year for a basic offence or 3 years for an aggravated offence. The court may impose a much longer disqualification depending on the seriousness of the case.
Can the licence disqualification be reduced or substituted?
No. The law specifically prohibits reducing, mitigating, or substituting the mandatory disqualification with any other penalty.
What if multiple people are injured or killed in one crash?
You can be charged with separate offences for each person who suffers death or serious harm in the same incident.
Is it a defence if I was an emergency worker at the time?
Yes, if the driver was an emergency worker acting under direction of their employing authority, and they acted reasonably in the circumstances.
What are common examples of careless driving leading to charges?
Examples include momentary distractions (looking at a phone, adjusting controls, eating), failing to give way, or not keeping a proper lookout.
Will I go to prison for careless driving causing death?
Prison is common, especially for aggravated offences. Basic offences may sometimes result in suspended sentences, but courts treat any case involving a death very seriously.
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