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Failing to Stop After a Collision Causing Death

Failing to Stop After a Collision Causing Death is an offence under Section 52AB(1) of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You drove a vehicle that was involved in an impact
  2. The impact caused the death of another person
  3. You knew, or ought reasonably have known, your vehicle was involved in an impact that caused grievous bodily harm or death, and
  4. You failed to stop and give necessary assistance

A ‘vehicle’ is defined as:

  1. Any motor car, motor carriage, motor cycle, or any other vehicle propelled, wholly or partly, by volatile spirit, steam, gas, oil, electricity, or by any other means other than human or animal power, or
  2. A horse-drawn vehicle

An ‘impact’ is that which occurs:

  1. between an object or a person and the vehicle
  2. between an object, including the ground, due to being thrown from the vehicle
  3. with another vehicle or object in, on or near a person
  4. with anything on or attached to the vehicle, or
  5. with anything in motion through falling from the vehicle

It also includes where:

  1. a vehicle overturns or leaves the road, and
  2. a person falls or is thrown or ejected from the vehicle

Grievous bodily harm’ is defined as ‘very serious harm it includes, but is not limited to:

  1. Any permanent or serious disfiguring, and
  2. The destruction of a foetus, other than by a medical procedure

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