GOVERNMENT PROPOSES LONGER JAIL TERMS FOR DANGEROUS DRIVING

People convicted of dangerous driving offences could face extra time in jail under new legislation introduced to State Parliament by Attorney-General and Justice Minister Kerry Shine.

Mr Shine said the proposed amendments reflected growing community concern about dangerous driving offences, particularly hit-and-run offences, that led to death or serious injury.

“These changes expand the aggravating circumstances for dangerous driving to include excessive speeding, racing and time trialling, and increase the penalties,” Mr Shine said.

The Criminal Code currently sets a maximum of three years’ jail for the lowest category of dangerous driving, or five years in the case of repeat or intoxicated offenders.

Dangerous driving causing death or serious injury carries seven years’ imprisonment, or 10 years if the offender is adversely affected by alcohol or drugs. If the driver’s blood-alcohol level exceeded 0.15 per cent, the maximum penalty is 14 years’ jail.

“Under the new provisions, aggravating circumstances invoking a five-year penalty will include excessive speeding (more than 40km/h over the designated speed limit), racing or speed trialling,” Mr Shine said.

“The penalty for dangerous driving causing death or serious injury will be increased from seven to 10 years’ jail.

“That will increase to a maximum of 14 years where the offender is adversely affected by drugs or alcohol, speeding excessively, involved in unlawful racing or speed trials, or leaves the scene of the offence before police arrive.

“More serious cases of dangerous driving causing death will still be charged as manslaughter, which carries a maximum penalty of life imprisonment.”

Mr Shine said the new provisions provided for significantly tougher penalties where the prosecution proved the offender was engaged in excessive speeding, street racing or time trialling.

“This legislation means that hoons who treat our roads as race tracks will soon face up to five years jail, instead of the current three,” he said.

“And if their dangerous driving results in someone being killed or seriously injured, these amendments will effectively double the maximum jail term, from seven to 14 years.

“They also ensure that offenders adversely affected by drinking or drugs don’t avoid the maximum penalty simply because their blood-alcohol level was under 0.15 per cent.

“Even so, high blood-alcohol levels will remain relevant because any reading over 0.15 per cent is accepted as conclusive evidence that the offender was adversely affected.

“For lower concentrations of alcohol, or for any other intoxicating substance, the adverse affect must be proved.”

Mr Shine said there had been a number of cases involving hit-and-run offences in recent years, where pedestrians and cyclists had been left dead or seriously injured.

“It’s hard to understand how anyone could leave an accident victim lying on the road when they might be able to provide assistance, call an ambulance and save a life,” he said.

“Hit-and-run offences not only show a lack of compassion and remorse, but also prevent blood and breath testing, or any other assessment of whether the driver was adversely affected by alcohol or drugs.

“These amendments mean offenders will now face up to seven more years in jail if they leave the scene of an accident where someone has been killed or seriously injured as a result of their dangerous driving.”

The new provisions are contained in the Criminal Code and Civil Liability Amendment Bill 2007.

Media contact: Kirby Anderson (Attorney-General’s office) 3239 6400 or 0418 197 350 kirby.anderson@ministerial.qld.gov.au

Current legislation, maximum prison terms

·Dangerous driving – three years

·Dangerous driving, if repeat offender or affected by an intoxicating substance – five years

·Dangerous driving causing death or serious injury – seven years

·Dangerous driving causing death or serious injury, if offender affected by an intoxicating substance – 10 years

·Dangerous driving causing death or serious injury, if offender is over the high alcohol limit of 0.15% – 14 years

New legislation, proposed maximum prison terms

·Dangerous driving – three years

·Dangerous driving, if repeat offender or affected by an intoxicating substance or excessively speeding, racing or time trialling – five years

·Dangerous driving causing death or serious injury – ten years

·Dangerous driving causing death or serious injury, if offender is affected by an intoxicating substance or excessively speeding, racing or time trialling or leaves the scene before police arrive – 14 years