Crimes (Dangerous Driving) Act 2004

Victorian Legislation and Parliamentary Documents i Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—AMENDMENT OF CRIMES ACT 1958 3 3. Handling stolen goods 3 4. New section 88A inserted 3 88A. Alternative counts of theft and handling stolen goods 3 5. Driving while fatigued 4 6. New section 319 inserted 4 319. Dangerous driving causing death or serious injury 4 7. New section 422A inserted 5 422A. Alternative verdict for certain charges relating to driving 5 8. New section 600 inserted 5 600. Transitional provisions—Crimes (Dangerous Driving) Act 2004 5 PART 3—AMENDMENT OF SENTENCING ACT 1991 7 9. Cancellation or suspension of driver licence 7 PART 4—AMENDMENT OF MAGISTRATES' COURT ACT 1989 8 10. Destroying or damaging property 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Victorian Legislation and Parliamentary Documents 1 Crimes (Dangerous Driving) Act 2004† [Assented to 12 October 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is— (a) to amend the Crimes Act 1958— (i) to create an offence of dangerous driving causing death or serious injury; and Victoria No. 59 of 2004 -- 2 of 10 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 2 (ii) to provide that driving while fatigued may constitute culpable driving causing death; and (iii) to make a change to the elements of the offence of handling stolen goods and deal with the procedure on the trial of alternative counts of theft and handling stolen goods; and (b) to amend the Sentencing Act 1991 to provide for mandatory driver licence cancellation and a period of disqualification for the offence of dangerous driving causing death or serious injury; and (c) to amend the Magistrates' Court Act 1989 to clarify that certain arson offences are triable summarily. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 3 of 10 -- Victorian Legislation and Parliamentary Documents Part 2—Amendment of Crimes Act 1958 Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 3 PART 2—AMENDMENT OF CRIMES ACT 1958 3. Handling stolen goods In section 88(1) of the Crimes Act 1958, omit "(otherwise than in the course of the stealing)". 4. New section 88A inserted After section 88 of the Crimes Act 1958 insert— "88A. Alternative counts of theft and handling stolen goods If— (a) a charge for an offence of theft under section 74 and a charge for an offence of handling stolen goods under section 88 are joined in the same presentment as alternative counts and tried together; and (b) the jury are satisfied beyond reasonable doubt that the accused is either guilty of theft or guilty of handling stolen goods but are unable to agree on which offence the accused should be found guilty of— the jury must acquit the accused of handling stolen goods and find the accused guilty of theft and the accused is liable to punishment accordingly.". See: Act No. 6321. Reprint No. 17 as at 17 June 2003 and amending Act Nos 63/2003, 80/2003, 104/2003, 105/2003, 16/2004 and 20/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 4 of 10 -- Victorian Legislation and Parliamentary Documents Part 2—Amendment of Crimes Act 1958 Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 4 5. Driving while fatigued After section 318(2) of the Crimes Act 1958 insert— "(2A) Without limiting sub-section (2)(b), negligence within the meaning of that sub- section may be established by proving that— (a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and (b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case.". 6. New section 319 inserted After section 318 of the Crimes Act 1958 insert— '319. Dangerous driving causing death or serious injury (1) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of, or serious injury to, another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). (2) In this section "serious injury" has the meaning given by section 15.'. s. 5 -- 5 of 10 -- Victorian Legislation and Parliamentary Documents Part 2—Amendment of Crimes Act 1958 Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 5 7. New section 422A inserted After section 422 of the Crimes Act 1958 insert— "422A. Alternative verdict for certain charges relating to driving (1) If on the trial of a person charged with an offence against section 24 (negligently causing serious injury) or 318 (culpable driving causing death) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 319 (dangerous driving causing death or serious injury), the jury may acquit the accused of the offence charged and find him or her guilty of the offence against section 319 and he or she is liable to punishment accordingly. (2) This section does not restrict the operation of section 421 or 422.". 8. New section 600 inserted After section 599 of the Crimes Act 1958 insert— "600. Transitional provisions—Crimes (Dangerous Driving) Act 2004 (1) Section 88 (as amended by section 3 of the Crimes (Dangerous Driving) Act 2004) applies only to offences alleged to have been committed on or after the commencement of that Act. (2) Section 88A (as inserted by section 4 of the Crimes (Dangerous Driving) Act 2004) applies to any trial that commences on or after the commencement of that Act s. 7 -- 6 of 10 -- Victorian Legislation and Parliamentary Documents Part 2—Amendment of Crimes Act 1958 Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 6 regardless of when the offences are alleged to have been committed. (3) Section 319 (as inserted by section 6 of the Crimes (Dangerous Driving) Act 2004) applies only to offences alleged to have been committed on or after the commencement of that Act. (4) For the purposes of this section— (a) if an offence is alleged to have been committed between two dates, one before and one after the commencement of the Crimes (Dangerous Driving) Act 2004, the offence is alleged to have been committed before that commencement; and (b) a trial commences on arraignment of the accused in accordance with Subdivision (12) of Division 1 of Part III of this Act.". __________________ s. 8 -- 7 of 10 -- Victorian Legislation and Parliamentary Documents Part 3—Amendment of Sentencing Act 1991 Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 7 PART 3—AMENDMENT OF SENTENCING ACT 1991 9. Cancellation or suspension of driver licence (1) In section 89(1) of the Sentencing Act 1991— (a) in paragraph (c) for "1958—" substitute "1958; or"; (b) after paragraph (c) insert— "(d) an offence under section 319 of the Crimes Act 1958—"; (c) for "24 months" substitute "18 months, in the case of an offence under section 319 of the Crimes Act 1958, or 24 months in any other case". (2) After section 89(1) of the Sentencing Act 1991 insert— "(1A) A period of disqualification under sub- section (1) commences on the day that the order imposing it is made or on such other later day as the court specifies in the order.". __________________ See: Act No. 49/1991. Reprint No. 7 as at 1 January 2004 and amending Act Nos 2/2002, 13/2003, 53/2003, 10/2004 and 20/2004. LawToday: www.dms. dpc.vic. gov.au s. 9 -- 8 of 10 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Magistrates' Court Act 1989 Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 8 PART 4—AMENDMENT OF MAGISTRATES' COURT ACT 1989 10. Destroying or damaging property In clause 35 of Schedule 4 to the Magistrates' Court Act 1989, after "1958" insert "(including offences charged as arson)". ═══════════════ See: Act No. 51/1989. Reprint No. 9 as at 7 May 2003 and amending Act Nos 27/2002, 28/2003, 39/2003, 52/2003, 74/2003, 80/2003, 94/2003 and 108/2003. LawToday: www.dms. dpc.vic. gov.au s. 10 -- 9 of 10 -- Victorian Legislation and Parliamentary Documents Crimes (Dangerous Driving) Act 2004 Act No. 59/2004 9 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 June 2004 Legislative Council: 15 September 2004 The long title for the Bill for this Act was "to amend the Crimes Act 1958 to create an offence of dangerous driving causing death or serious injury, to provide that driving while fatigued may constitute culpable driving causing death and to make a change to the elements of the offence of handling stolen goods and deal with the procedure on the trial of alternative counts of theft and handling stolen goods, to amend the Sentencing Act 1991 and the Magistrates' Court Act 1989 and for other purposes." Endnotes -- 10 of 10 --