It is an offence to drive a vehicle in a culpably negligent manner, recklessly or at a dangerous speed, where that driving results in a person’s death under Section 19A of the Criminal Law Consolidation Act 1935 (SA). Causing death by dangerous driving is a very serious offence with many cases are won or lost in the preparation of the case.
DRIVING LAWYERS IN SOUTH AUSTRALIA
Charged with dangerous driving causing death?
We highly recommend that you seek legal advice as soon as possible after the accident, even before being charged by the police.
Major indictable offence
District Court of South Australia
Maximum penalty 15 years imprisonment
Licence disqualification at least 10 years
Dangerous Driving Causing Death Key Facts
| Offence | Driving a motor vehicle dangerously and causing the death of another person, under Section 19A of the Criminal Law Consolidation Act 1935 (SA). |
| Maximum Penalty | The maximum penalty depends on whether or not it is an aggravated offence. For a basic offence, the maximum penalty is 15 years imprisonment. You may be disqualified from driving for 10 years or longer. For an aggravated offence, or for a second offence, the maximum penalty is life imprisonment. You may also be disqualified from driving for 10 years or more. |
| Typical Sentence | Almost always results in a substantial prison term; actual sentence length depends on the degree of danger, driving behaviour and any aggravating factors. |
| Which Court? | Causing death by dangerous driving is a major indictable charge. The proceedings will initially commence in the Magistrates Court of South Australia. If there is sufficient evidence against you, the matter will then be transferred to the District Court of South Australia. |
| Process Timeline | Police Investigation → Arrest → Police Interview → Bail Consideration → Committal Proceedings in Magistrates Court → Trial in District or Supreme Court → Sentencing if guilty. (Average: 12-24 months) |
| Possible Defences | - You weren’t driving - You were driving with due care - You were carrying out your duties as an emergency worker - Honest and reasonable mistake of fact (Proudman vs Dayman Defence) - Duress - Necessity/Emergency - Mental impairment |
| What The Prosecution Must Prove | To successfully prosecute you for causing death by dangerous driving, prosecution must prove that: - You were driving a motor vehicle; - Your driving was negligent, reckless or at a dangerous speed; and - Your driving caused a person’s death or substantially contributed to that person’s death. Causing death by dangerous driving is a major indictable charge. The proceedings will initially commence in the Magistrates Court of South Australia. If there is sufficient evidence against you, the matter will then be transferred to the District Court of South Australia. Mercorella v Page (1975) 12 SASR 431: “Drive” is defined broadly to include any physical act which actually propels or causes the motor vehicle propelled or put into motion. R v Cornish (1988) 48 SASR 520: Impairment of driving skills through intoxication is to be taken into account in the objective assessment of the defendant’s manner of driving, and there is no need for the defendant to realise that his or her alcohol consumption created a potential danger. |
Dangerous Driving Causing Death Case Scenarios
Below are examples of how dangerous driving causing death 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 off a wet road and collided with a cyclist, who later died. The driver was not speeding, not intoxicated, and had no criminal record. However, they had been momentarily distracted by their mobile phone, which was on the passenger seat.
What to expect:
Charged with dangerous driving causing death (basic offence). The court imposed a 4-year suspended sentence, a 10-year licence disqualification, and required entry into a good behaviour bond, due to early guilty plea, remorse and clean history.
Mid-Level Offence
Scenario:
A driver ran a red light while travelling 20 km/h over the speed limit, striking and killing another driver. Their blood alcohol reading was 0.09, above the legal limit. This made the offence aggravated under the Act.
What to expect:
Convicted of aggravated dangerous driving causing death. The Court imposed a 10-year prison sentence, with a 6-year non-parole period, and a 15-year licence disqualification. Aggravating features (speed + alcohol) ruled out suspended sentence or leniency.
High-Level Offence
Scenario:
A disqualified driver, with a prior conviction for causing serious harm by dangerous driving, was involved in a high-speed crash while attempting to evade police. A pedestrian was killed. The driver had methamphetamine in their system.
What to expect:
Charged with aggravated dangerous driving causing death (second offence). The court imposed life imprisonment, with a non-parole period of 18 years, and a lifetime driving ban. No defences applied. Prior record and attempt to flee made it a serious case prosecuted under this offence.
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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Dangerous Driving Causing Death FAQ’s
If you need more information about dangerous driving in South Australia, these FAQs answer the most common questions.
What happens if you plead guilty?
Deciding whether or not to plead guilty to causing death by dangerous driving has important implications and should be made after proper discussions with a criminal lawyer.
If you do decide to plead guilty to an offence of dangerous driving causing death we can assist you to get the best result possible.
Our team of specialist criminal lawyers have extensive criminal law experience and know the best way to present your case before each of the Magistrates in the State. The results they obtain speak for themselves.
Can you get a penalty reduction or suspended sentence?
If you find yourself in the unfavourable position of not only having been found guilty of an offence, but also having been sentenced to a term of imprisonment, we may be able to obtain a suspended sentence on your behalf under section 96 of the Sentencing Act (2017). If you receive a suspended sentence, you will be required to enter into a good behaviour bond and to comply with any other conditions the Court sees fit to impose.
In previous cases, the solicitors at Caldicott + Isaacs have negotiated with prosecutors to have the charge of causing death by dangerous driving reduced to lesser charges, which did not result in imprisonment or driver’s licence disqualification.
What are the possible defences for dangerous driving causing death in SA?
If any of the following are applicable to your circumstance you may have a defence and you should seek legal advice as a matter of urgency.
You weren’t driving
In some cases, the wrong person is charged with an offence. There are a variety of ways in which this can occur. It may be that there was an administrative error on the prosecution’s behalf or perhaps the offender was carrying your identification which they presented to police. Regardless, it is a complete defence to this charge if it can be shown that you were not driving the vehicle.
You were driving with due care
The reality is that sometimes accidents happen in spite of our best efforts to avoid them. If it can be shown that you were driving to the standard of care that is to be expected of a person with your level of skill, you may have a defence to this charge.
You were carrying out your duties as an emergency worker
Section 19A(10) of the Criminal Law Consolidation Act 1935 provides an exclusive avenue of defence for emergency workers. You will have a complete defence to this charge if it can be shown that you were acting in the course of your employment and in accordance with the directions of your employer. You will also be required to prove that you were acting reasonably in the circumstances.
Honest and reasonable mistake of fact (Proudman vs Dayman Defence)
If you genuinely believed that your driving was safe under the circumstances and there is evidence to indicate that it was reasonable for you to hold this belief then you may have a defence to this charge.
Duress
It is a complete defence to this charge if we can show that you were acting under duress. That is, you were acting as a result of violence or some other threat, against you. The Court will need to be presented with evidence to show that you were coerced into the act by a third party, effectively rendering you an instrument of someone else’s criminal conduct.
Necessity/Emergency
The common law defence of necessity operates where the circumstances at hand (natural or human threats) require you to break the law in order to avoid even more dire consequences. There is, thus, some overlap with the defence of duress. It will need to be shown that you believed on reasonable grounds that you were placed in a situation of imminent peril. You may have a medical justification or it may be the case that you were acting in the course of protecting yourself or someone else.
Essentially, the Court will need to weigh up the act you have committed against the harm you would have experienced had you not acted in that manner. The Court will also need to be convinced that the act was proportionate to the potential harm.
Mental impairment
The law recognises that in some cases people will not be capable of evaluating the nature and quality of their conduct or more categorically, they will not know what they are doing is wrong. If it can be shown that you were suffering from some sort of mental disease, disorder or disturbance, as distinguished from a mere lack of self-control or impulsiveness, then you may have a defence to this charge.
Mental impairments may be either permanent or non-permanent and may include disorders such as:
- Schizophrenia
- Hyperglycaemia
- Psychomotor epilepsy
- Cerebral arteriosclerosis
Do I need a lawyer even if I haven’t been charged yet?
Yes. If you’ve been involved in a fatal or serious accident, police investigations can move quickly. Even before you are formally charged, what you say (or don’t say) to police can have a major impact on your case.
Having a lawyer from the outset ensures your rights are protected, you avoid self-incrimination, and you are properly guided through police interviews and any immediate licence disqualification notices.
Causing death by dangerous driving is a very serious offence. We highly recommend that you seek legal advice as soon as possible after the accident, even before being charged by the police where possible.
What makes a dangerous driving charge ‘aggravated’ in South Australia?
An aggravated offence is where one of the following applies:
- you were attempting to escape pursuit by a police officer;
- you were racing;
- you were disqualified from driving;
- there was prolonged bad driving;
- you were drink driving and had a blood alcohol reading of more than 0.08 grams;
- you were drug driving;
- you were driving at more than 45km/hr over the speed limit; or
- you had an illicit drug in your system.
These factors significantly increase penalties, including the possibility of life imprisonment.
Can I be charged if the death was an accident?
Yes. Even if death was unintentional, if your driving fell below the expected standard, you may still be found guilty. However, if you were driving with due care, this may form the basis of a defence.
What is the difference between dangerous and careless driving causing death?
- Dangerous driving (s 19A): Involves recklessness, high speed, or gross negligence.
- Careless driving causing death (s 19ABA): Involves lack of due care or reasonable attention, but not recklessness. Carries lower penalties (up to 5–7 years imprisonment depending on aggravation).
What is an Instant Loss of Licence (ILOL) notice?
If police believe you’ve committed an offence under s 19A or s 19ABA, they may issue an ILOL notice disqualifying you from driving immediately for up to 12 months. The Commissioner of Police must also serve one once charges are filed.
Are emergency workers exempt from dangerous driving causing death charges?
In limited circumstances Under s 19A(10), if an emergency worker (e.g., paramedic, police, fire) was:
- Acting within the scope of employment, and
- Following employer directions reasonably
then they may have a complete defence.
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