Charged with dangerous driving occasioning grievous bodily harm.

The legislative source.

The offence has three required elements: (a) impact, (b) grievous bodily harm caused by the impact, and (c) the driver was in one of the three states · under the influence, speed dangerous, or manner dangerous · at the time of the impact.

"Grievous bodily harm" means really serious injury (broken bones, lasting disability, permanent disfigurement, loss of an organ's function). Section 4 of the Crimes Act 1900 includes specific examples: destruction of a foetus, any permanent or serious disfiguring of the person, any grievous bodily disease, all qualify.

Circumstances of aggravation that lift the matter into s 52A(4) include the prescribed concentration of alcohol or a prescribed illicit drug present, exceeding the speed limit by more than 45 km/h, driving in escape of pursuit, and others listed in s 52A(7).

Penalties and likely outcomes.

Maximum and realistic range.

Maximum 7 years (basic) and 11 years (aggravated). The 2017 reformulated guideline judgment of the Court of Criminal Appeal sets out the sentencing approach. Full-time custody is the starting point for matters where the offender's moral culpability is high. A head sentence of less than two years for the basic offence is generally inappropriate where moral culpability is high.

Subjective factors.

Plea entered at committal, lack of prior driving record, lack of prior major traffic offences, evidence of remorse, restorative material with the victim's family where appropriate, and rehabilitation work (AOD intervention, defensive-driving program where relevant) all reduce the sentence.

The disqualification.

An automatic disqualification of 3 years applies on conviction, with a minimum of 12 months. This is in addition to any custodial sentence.

Defences and arguments worth running.

The state of driving.

The Crown must prove that the driver was in one of the three states at the time of the impact. Where the evidence does not support intoxication, where the speed was not dangerous in the particular conditions, or where the manner of driving was not dangerous on a proper reading of the circumstances, the offence is not made out and the matter resolves on the lesser charge of negligent driving occasioning GBH (s 117(1)(b) RTA).

Causation.

The impact must be the cause of the grievous bodily harm. Where the injury pre-existed or was caused by an intervening event, the causation chain is broken.

Honest and reasonable mistake of fact.

Available in limited circumstances. Most relevantly, where the driver did not know and could not reasonably have known of the presence of a prescribed concentration of alcohol or drug (very narrow).

Sudden mechanical failure.

Where the vehicle's behaviour was the result of a sudden mechanical failure not reasonably foreseeable to the driver, the manner of driving was not dangerous.

What we do for clients facing this charge.

Dangerous driving GBH matters are run with the resources their seriousness requires. The brief is obtained early and analysed comprehensively. The injuries and the medical opinions are tested against the threshold for grievous bodily harm. The scene reconstruction is reviewed. The driver's blood/breath/oral fluid evidence (where relevant) is checked against the testing protocols.

For matters that proceed to plea, the strategy is to keep the matter at the basic s 52A(3) level (not aggravated), to identify any sentencing benchmarks that support a lower head sentence, and to build a subjective case that addresses the guideline judgment's expectations.

For matters that proceed to trial, we brief experienced senior counsel and sit in every conference. The role of the instructing solicitor at a District Court trial of a s 52A matter is significant; preparation is the difference between a successful defence and a guilty verdict.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with dangerous driving causing grievous bodily harm in the first hour.

What evidence police usually rely on.

Crash investigation reports, in-car camera or dash-cam footage, witness statements, mechanical reports on the vehicle, and a blood and urine analysis. In injury matters, the medical evidence of harm is central.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• Any medical records or rehabilitation evidence; a written account of the trip, the road conditions, and any mechanical concerns about the vehicle.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Speaking to insurance investigators or to the complainant's family without advice. Anything said may be tendered.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. An early plea is rarely appropriate before a full mechanical inspection, experienced evidence on causation, and the medical evidence are reviewed.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · dangerous driving GBH matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.