Dangerous Driving

Dangerous Driving Lawyer Sydney: Defending Section 52A Charges

Dangerous driving occasioning death or grievous bodily harm under the Crimes Act 1900 (NSW) s 52A is one of the most serious driving charges in NSW, carrying maximum penalties of up to 14 years imprisonment and mandatory licence disqualification. If you are under investigation or charged, involve an experienced dangerous driving lawyer in Sydney from the start.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

What is dangerous driving occasioning death or GBH?

It is an offence to drive a vehicle involved in an impact that causes death or grievous bodily harm while you are under the influence of alcohol or a drug, driving at a dangerous speed, or driving in a dangerous manner.

The prosecution must prove your driving was a substantial or significant cause of the death or injury. Dangerous driving is judged objectively: the question is whether there was a serious breach of the proper management and control of the vehicle that created a real danger to other people. The prosecution does not have to prove you realised you were driving dangerously. If the prosecution proves a breath or blood alcohol concentration of 0.15 or more at the time of the impact, you are conclusively presumed to have been under the influence of alcohol (Crimes Act 1900 (NSW) s 52AA(1)).

What are the maximum penalties for dangerous driving in NSW?

Under s 52A the maximum penalties are:

• Dangerous driving occasioning death (s 52A(1)): 10 years imprisonment

• Aggravated dangerous driving occasioning death (s 52A(2)): 14 years imprisonment

• Dangerous driving occasioning grievous bodily harm (s 52A(3)): 7 years imprisonment

• Aggravated dangerous driving occasioning grievous bodily harm (s 52A(4)): 11 years imprisonment

What makes it aggravated?

The circumstances of aggravation in s 52A(7) are a breath or blood alcohol concentration of 0.15 or more, driving more than 45 km/h over the speed limit, driving to escape police pursuit, and ability to drive being very substantially impaired by a drug (other than alcohol) or combination of drugs. The prosecution must prove the aggravating circumstance beyond reasonable doubt.

Which court will hear my dangerous driving charge?

Dangerous driving occasioning grievous bodily harm can be finalised in the Local Court, but a death charge is prosecuted on indictment in a higher court.

Charges under s 52A(3) and (4) are Table 1 offences. They stay in the Local Court unless the prosecution or the accused elects to have them dealt with on indictment. In the Local Court the maximum is 100 penalty units or 2 years imprisonment (Criminal Procedure Act 1986 (NSW) ss 260, 267, Sch 1). Invictus Legal appears in Local Courts across Sydney and NSW, including the Downing Centre, Parramatta and Bankstown, and in the District Court for serious driving matters.

How are dangerous driving cases sentenced? The Whyte guideline

Sentencing for s 52A offences is guided by the guideline judgment in R v Whyte (2002) 55 NSWLR 252, which the Court of Criminal Appeal treats as a check or indicator rather than a fixed rule.

Whyte states that a custodial sentence will usually be appropriate unless the offender's moral culpability is low, as in a case of momentary inattention or misjudgement. For the typical case with high moral culpability, a starting point of less than 3 years (death) or 2 years (grievous bodily harm) would not generally be appropriate. The court weighs aggravating features such as:

• the extent of the injuries and the number of people put at risk

• the degree of speed and the degree of intoxication

• erratic, aggressive or competitive driving, or showing off

• the length of the journey, ignoring warnings and sleep deprivation

• escaping police pursuit and failing to stop

Evidence of a brief lapse rather than a sustained course of dangerous driving can change the outcome. Our sentencing and penalties team prepares subjective material, character references and expert reports for court.

Will I lose my licence for dangerous driving?

Yes. Licence disqualification is mandatory and is in addition to any other penalty.

Dangerous driving occasioning death or grievous bodily harm is a major offence under the Road Transport Act 2013 (NSW) s 4. If you have no other major offence in the previous 5 years, the automatic disqualification is 3 years, and the court may order a shorter period of not less than 12 months, or a longer period. If you have had another major offence within the previous 5 years, the automatic period is 5 years, with a minimum of 2 years (s 205).

What about police pursuits (section 51B)?

Failing to stop and driving recklessly or dangerously to escape a police pursuit is a separate offence under s 51B of the Crimes Act 1900 (NSW).

The maximum penalty is 3 years imprisonment for a first offence and 5 years for a second or subsequent offence. It is a Table 2 offence, so it stays in the Local Court unless the prosecution elects otherwise. It is also a major offence, so with no other major offence in the previous 5 years the automatic disqualification is 3 years (12 month minimum).

Are there defences to dangerous driving?

Yes. Charges are commonly defended on causation, the quality of the driving, or a statutory defence.

Section 52A(8) provides a defence if the death or grievous bodily harm was not in any way attributable to the intoxication, the speed or the manner of driving, as relevant to the way the charge is put. An honest and reasonable mistake of fact, for example a belief that the vehicle was safe to drive despite a hidden mechanical defect, may also arise. Other common issues are whether the driving was dangerous rather than merely negligent, and crash reconstruction evidence. See our defended hearings page.

Can I be found guilty of a different offence?

Yes. If the aggravating circumstance is not proved, the jury can still find you guilty of the basic s 52A offence (s 52AA(5)), and on a murder or manslaughter trial the jury can return a verdict under s 52A instead (s 52AA(4)).

Where the evidence points to carelessness rather than danger, negotiating a lesser charge such as negligent driving may be possible.

What should I do now?

Get legal advice before you say anything to police beyond your identifying details.

• Do not discuss the crash on social media.

• Keep dashcam footage, photographs, phone records and mechanical service records.

• Bring your charge sheet, bail papers and any court attendance notice to your first meeting.

What does it cost?

Fees for traffic matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start.

See our traffic law hub for related charges.

Frequently asked questions

What is the maximum penalty for dangerous driving occasioning death in NSW?

The maximum is 10 years imprisonment under the Crimes Act 1900 (NSW) s 52A(1). If a circumstance of aggravation is proved, such as speeding by more than 45 km/h, the maximum rises to 14 years under s 52A(2). Licence disqualification is also mandatory.

Is jail automatic for dangerous driving?

No, but under the guideline judgment in R v Whyte (2002) 55 NSWLR 252 a custodial sentence will usually be appropriate unless moral culpability is low, such as momentary inattention or misjudgement. The guideline is a check, not a fixed rule, so the facts and your subjective case matter.

How long will I lose my licence for dangerous driving?

Dangerous driving occasioning death or GBH is a major offence. With no other major offence in the previous 5 years, the automatic disqualification is 3 years, and the court can reduce it to no less than 12 months. With another major offence in the previous 5 years, it is 5 years automatic with a 2 year minimum.

Can dangerous driving occasioning GBH be heard in the Local Court?

Yes. Dangerous driving occasioning grievous bodily harm (s 52A(3) and (4)) is a Table 1 offence, so it stays in the Local Court unless either side elects to proceed on indictment. The Local Court maximum is 100 penalty units or 2 years imprisonment.

What is the penalty for a police pursuit in NSW?

Under the Crimes Act 1900 (NSW) s 51B the maximum is 3 years imprisonment for a first offence and 5 years for a second or subsequent offence. It is a major offence, so licence disqualification also applies: 3 years automatic, 12 months minimum, if you have no other major offence in the previous 5 years.

Speak to a dangerous driving lawyer today

If you or a family member is under investigation or has been charged, call Invictus Legal on 02 8553 0500. For urgent matters, such as an arrest, a bail hearing or a court date tomorrow, call our emergency line on 0410 600 230. You can also book a consultation online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.