Dangerous Operation of a Motor Vehicle causing Death or Grievous Bodily Harm
Have you been charged?
‘Dangerous operation of a vehicle’ is a serious offence in Queensland, governed by Section 328A of the Criminal Code. Our best Brisbane criminal lawyers have extensive experience in defending all serious and complex crimes including this offence. We will fully examine the evidence in your case to provide strategic advice in achieving the best possible outcome. For strategic legal advice from our experienced criminal lawyers, contact us today.
What is Dangerous Operation of a Motor Vehicle?
Under Section 328A, a person commits an offence if they operate, or in any way interferes with the operation of, a vehicle dangerously in any place. This means operate, or in any way interfere with the operation of, a vehicle at a speed or in a way that is dangerous to the public, having regard to all the circumstances, including:
the nature, condition and use of the place
the nature and condition of the vehicle
the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place
the concentration of alcohol in the person’s blood or breath
the presence of any other substance in the person’s body
What are the possible penalties for dangerous operation of a vehicle?
The penalties depend on the specific circumstances of the offence.
If there are aggravating features, such as a person is intoxicated, excessively speeding (40km/h or more over the limit), or participating in an unlawful race or speed trial, leaves the scene, or is a repeat offender, the maximum penalty is up to 5 years imprisonment. If the dangerous operation causes death or grievous bodily harm, the penalties increase significantly, with imprisonment of up to 14 years, or 20 years if any aggravating factors are involved. If the offence does not include any of these features, then the maxumum penalty is 3 years imprisonment.
What are the strategies to defend a charge of dangerous operation of a vehicle?
It is crucial to get legal advice early. If you need to speak to a dangerous operation of a vehicle lawyer, our team have extensive experience in all serious and complex crimes. We will fully examine the evidence in your case to consider the best strategic options.
A key consideration to examine includes whether the driving was ‘dangerous’. This refers to operating a vehicle in a way that creates a real risk to public safety, including other motorists, cyclists, pedestrians, and passengers. It is not enough for the driving to simply show a lack of care; the prosecution must prove a serious breach of proper conduct on the road that is objectively dangerous, as seen through the eyes of a reasonable person (R v Jiminez (1992)).
For driving to be considered dangerous, there must be more than ordinary lapses in attention or minor mistakes. The behaviour must involve significant risk beyond what is typically expected while driving. Factors such as drowsiness can make driving dangerous if the driver’s fatigue affects their ability to operate the vehicle safely. However, if the driver involuntarily falls asleep, their actions may not amount to dangerous driving (R v Kuruvinakunnel (2012)).
The prosecution focuses on whether the driving itself was dangerous, not necessarily the outcome. This ensures the charge addresses the conduct, not just the result. Our Brisbane criminal lawyers have also successfully raised defences to this offence including a mistake of fact or involuntary actions.
