Dangerous driving causing death or serious injury is a criminal offence under section 319 of the Crimes Act 1958 (Vic). It is a less serious alternative to culpable driving causing death, but it is still a significant charge that can result in imprisonment.

Depending on the outcome alleged, dangerous driving causing death or serious injury may be heard in the Magistrates’ Court or the County Court. At Angus Cameron and Partners, we appear in all Victorian courts and can advise you on the best approach for your matter from the very first hearing.

The offence applies where a person drives dangerously — at a speed or in a manner that poses a real danger to the public — and that driving causes the death or serious injury of another person. If you have been charged with this offence, it is important to seek experienced legal advice promptly.

Elements

The prosecution must prove three elements beyond reasonable doubt:

  • you were driving a motor vehicle;
  • you drove dangerously; and
  • your dangerous driving caused the death or serious injury of another person.

Driving a motor vehicle

The principles for this element are the same as for culpable driving causing death. A person must have been in a position to control the movement, direction and propulsion of the vehicle. A motor vehicle is one built to be propelled by a motor that forms part of it, used or intended to be used on a highway.

Dangerous driving

The prosecution must prove that you drove at a speed or in a manner that was dangerous to the public, having regard to all the circumstances. This is assessed objectively — it is not necessary to prove that you intended to drive dangerously, or that you were even aware your driving was dangerous. The standard can be met even if you were driving at your own personal best.

The driving must have involved a serious breach of the proper management or control of the vehicle and must have posed a real — not merely speculative — danger to other people who may have been in the vicinity.

Driving may be dangerous because it was intrinsically dangerous in any circumstances, or because it was dangerous given the particular circumstances at the time — for example, the road conditions, time of day, or the presence of other road users.

Speed is relevant but not conclusive. There must be a genuine connection between the speed alleged and the creation of danger. A driver who was within the speed limit may still have driven dangerously, and exceeding the speed limit alone does not necessarily establish dangerous driving.

Fatigue can also give rise to a finding of dangerous driving. If you knew or ought to have known that you were so tired that there was an appreciable risk of falling asleep or losing control, driving in that condition may be found to be dangerous.

Causation

The prosecution must prove that your dangerous driving caused the death or serious injury of another person. Your driving does not need to have been the only cause — it must have contributed significantly to the outcome or been a substantial and operating cause of it. This is assessed as a matter of common sense.

Voluntariness

In most cases it will be obvious that the driving was a voluntary act. However, where there is evidence to the contrary — for example, where a driver lost control due to falling asleep — the prosecution must prove that the driving was a voluntary, willed act.

As with culpable driving, falling asleep at the wheel is not automatically a defence. If you were aware, or ought to have been aware, that you were too fatigued to drive safely, the decision to drive in that condition may itself constitute dangerous driving.

Defences

Being charged with dangerous driving causing death or serious injury does not necessarily mean you will be convicted. There are several defences that may be available depending on the circumstances of your case.

Driving was not dangerous

The prosecution must prove that your driving involved a serious breach of proper vehicle management and posed a real danger to the public. If the evidence does not establish that level of danger — for example, if the risk was speculative rather than real, or if the driving fell short of a serious breach — the charge will not be made out.

Causation

If the death or serious injury was not caused by your dangerous driving — for example, if an unforeseeable event was the true cause — the prosecution may be unable to establish the necessary causal link. These arguments depend heavily on the specific facts and require careful legal analysis.

Voluntariness

In rare cases, it may be argued that the driving was not a voluntary act — for example, where a sudden and unforeseeable medical episode caused the driver to lose control. This defence requires evidence that the loss of control occurred independently of the driver's will and could not have been anticipated.

Insufficient evidence or improperly obtained evidence

The prosecution must prove its case beyond reasonable doubt. If the evidence is weak, or was obtained unlawfully, there may be grounds to challenge the prosecution's case. These are technical arguments that require experienced legal advice.

FAQs

What is the difference between dangerous driving and culpable driving causing death?

Culpable driving causing death is the more serious offence. It requires proof of a higher level of fault — recklessness, gross negligence, or driving while incapable due to drugs or alcohol. Dangerous driving is a less serious alternative, requiring proof that the driving was objectively dangerous to the public.


Do I have to have intended to drive dangerously?

No. Dangerous driving is assessed objectively. The prosecution does not need to prove that you intended to drive dangerously or that you were aware your driving was dangerous. What matters is whether your speed or manner of driving posed a real danger to the public in the circumstances.


Can I be charged with dangerous driving if I was within the speed limit?

Yes. Staying within the speed limit does not automatically mean your driving was safe. The jury considers all the circumstances, and driving within the speed limit can still be found to be dangerous if the manner of driving posed a real risk to others.


What if I fell asleep at the wheel?

Falling asleep is not an automatic defence. If you were aware, or ought to have been aware, that you were too fatigued to drive safely, the decision to drive in that condition may itself be found to be dangerous driving.


What are the penalties for dangerous driving causing death in Victoria?

Dangerous driving causing death carries a maximum penalty of 10 years imprisonment. Where serious injury rather than death is caused, the maximum is 5 years. The actual sentence will depend on the circumstances of the offending and your personal history.


Do I need a lawyer if I'm charged with dangerous driving causing death or serious injury?

Yes. This is a serious charge that can result in imprisonment. The legal and factual issues involved — including what constitutes dangerous driving, causation, and available defences — require careful analysis. An experienced criminal lawyer is essential to protect your rights and achieve the best possible outcome.


What is the difference between dangerous driving causing death and dangerous driving causing serious injury?

They are separate offences under section 319 of the Crimes Act 1958 (Vic), with different maximum penalties. Dangerous driving causing death carries a maximum of 10 years imprisonment; dangerous driving causing serious injury carries a maximum of 5 years. The elements are otherwise the same — both require proof of dangerous driving and causation.


What is the average sentence for dangerous driving causing death in Victoria?

Sentences vary significantly depending on the nature of the dangerous driving, the circumstances of the death, and the offender’s personal background. We can provide a realistic assessment of likely sentencing outcomes once we have reviewed the full facts of your matter.


Can I get bail if charged with dangerous driving causing death?

Bail is generally available for dangerous driving charges, though this will depend on your specific circumstances. We can make a bail application on your behalf at the earliest opportunity.


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