In South Australia, it is an offence under s 19A of the Criminal Law Consolidation Act 1935 to drive a motor vehicle in a dangerous manner that causes harm or serious harm to another person. “Serious harm” refers to more significant physical injuries, while “harm” covers less severe but still punishable injury.
DANGEROUS DRIVING DEFENCE LAWYERS
Charged with dangerous driving causing harm?
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 10+ years
Dangerous Driving Causing Harm Key Facts
| Offence | Driving a motor vehicle in a dangerous manner that results in another person suffering serious harm (serious physical injury) or harm (less serious physical injury), under Section 19A of the Criminal Law Consolidation Act 1935 (SA). |
| Maximum Penalty | The maximum penalty for causing serious harm is 15 years’ imprisonment, while for causing harm it's 5 years. If the offence is aggravated (such as driving while intoxicated, at high speed, while disqualified, or during a police pursuit), or if it is a repeat offence, penalties can be substantially higher. You may also be disqualified from driving for 10 years. |
| Typical Sentence | Sentences vary widely depending on the degree of injury, the circumstances of the driving, and any aggravating factors. Outcomes can include imprisonment, suspended sentences or intensive corrections (a form of custody served in the community under strict conditions). Licence disqualification is always significant and may extend well beyond the minimum period. |
| Which Court? | Most cases of dangerous driving causing harm are dealt with in the District Court due to their seriousness. However, less serious cases such as those involving only “harm” may be heard summarily in the Magistrates Court. |
| Process Timeline | Police Investigation → Arrest → Police Interview → Bail Consideration → Committal Proceedings in Magistrates Court → Trial in District Court → Sentencing if guilty. (Average: 9-24 months) |
| Possible Defences |
1. Not the Driver – Arguing that you were not the person driving the vehicle at the time of the incident, supported by evidence such as alibi or mistaken identity. 2. Driving with Due Care – Showing that your manner of driving did not fall below the standard of a careful and competent driver, meaning it was not “dangerous” under the law. 3. Emergency Worker Defence – Establishing that you were carrying out your duties as an emergency services worker, and your driving was reasonable in the circumstances of that emergency. 4. Honest and Reasonable Mistake of Fact – Relying on the principle in Proudman v Dayman, where you genuinely and reasonably believed in facts that, if true, would mean you were not driving dangerously. 5. Duress – Demonstrating that you only drove in the manner alleged because of threats of serious harm, leaving you with no reasonable alternative. 6. Necessity / Emergency – Arguing that your actions were necessary to prevent a greater harm (for example, swerving or speeding to avoid a collision or medical emergency). 7. Mental Impairment – Establishing that a mental illness or cognitive impairment deprived you of the capacity to understand or control your driving, or to appreciate that your conduct was dangerous. |
| What The Prosecution Must Prove | To successfully prosecute you for causing harm or serious harm 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 harm to a person Dangerous driving causing harm 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 Harm Case Scenarios
Below are examples of how dangerous driving causing harm 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 failed to check their blind spot while merging and sideswiped another vehicle, causing the passenger to suffer minor whiplash and bruising. The driver was not intoxicated, was travelling within the speed limit, and had no prior offences.
What to expect:
Charged with dangerous driving causing harm (basic offence). The court imposed a 18-month term of imprisonment wholly suspended, 1-year licence disqualification. Due to early guilty plea, clean history, and low risk of reoffending, the court imposed a lenient sentence.
Mid-Level Offence
Scenario:
A driver momentarily looked at their phone at an intersection and ran a red light, hitting another vehicle. The crash caused serious harm to the other driver, including a fractured leg. The driver had no prior convictions but was found to be driving negligently.
What to expect:
Charged with dangerous driving causing serious harm (basic offence). The court imposed a 3-year suspended sentence, 3-year licence disqualification, and conviction recorded. Suspension granted due to remorse and strong character references.
High-Level Offence
Scenario:
A disqualified driver was driving 50 km/h over the speed limit in a residential area, having missed the designated signage. They lost control and struck a cyclist, causing multiple fractures and internal injuries. The driver had significantly poor history.
What to expect:
Charged with aggravated dangerous driving causing serious harm. The Court imposed a 5-year prison sentence, with a 3.5-year non-parole period, 5-year licence disqualification, and a conviction recorded. No leniency granted due to prior history, and excessive speed.
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 Harm FAQ’s
If you need more information about dangerous driving causing harm or serious harm in South Australia, these FAQs answer the most common questions.
What happens if you plead guilty?
Courts can apply a sentencing discount for an early guilty plea. This recognises acceptance of responsibility and saves court resources. However, because dangerous driving causing harm is such a serious offence, a prison sentence is still common even with a plea.
Deciding whether or not to plead guilty to dangerous driving causing harm has serious consequences and should only be made after careful discussions with an experienced criminal lawyer. If you do decide to plead guilty, we can help you achieve the best possible result. Our team of specialist defence lawyers know how to prepare your case, highlight mitigating factors, and present it effectively before South Australian courts.
Can you get a penalty reduction or suspended sentence?
No Conviction
In the event that you are found guilty of an offence, section 24 of the Sentencing Act (2017) provides for the imposition of a penalty without a conviction being recorded. In order to achieve this, we will need to convince the Court that you are unlikely to reoffend and that there exists some other good reason (e.g. young age, good working background) for not recording the conviction.
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, our solicitors have negotiated with prosecutors to have the charge of causing harm 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 harm 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 is considered 'serious harm' under South Australian law?
- Harm: Includes any physical injury or impairment
- Serious harm: Includes injuries that are life-threatening, permanently disabling, or disfiguring
The type of harm influences the maximum sentence and disqualification period.
“Serious harm” includes:
- Life-threatening injuries
- Serious and protracted physical or mental impairment
- Serious disfigurement
This distinction impacts the severity of penalties.
Will I lose my licence straight away if I’m charged?
Yes. If police charge you with causing death by dangerous driving, they must issue an Immediate Loss of Licence (ILOL) notice. This takes effect immediately, and you are banned from driving until your case is resolved.
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.
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