Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 328A

Dangerous operation of a vehicle

328A Dangerous operation of a vehicle

(1) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.
Penalty—
Maximum penalty—200 penalty units or 3 years imprisonment.
(2) If the offender—
(a) at the time of committing the offence is adversely affected by an intoxicating substance; or
(b) at the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or
(c) has been previously convicted either upon indictment or summarily of an offence against this section;
the person commits a crime.
Penalty—
Maximum penalty—400 penalty units or 5 years imprisonment.
(3) If the offender has been—
(a) previously convicted either upon indictment or summarily of an offence against this section committed while the offender was adversely affected by an intoxicating substance; or
(b) twice previously convicted either upon indictment or summarily (or once upon indictment and once summarily) of the same prescribed offence or different prescribed offences;
the court or justices shall, upon conviction, impose as the whole or part of the punishment, imprisonment.
(4) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place and causes the death of or grievous bodily harm to another person commits a crime and is liable on conviction on indictment—
(a) to imprisonment for 10 years, if neither paragraph (b) nor (c) applies; or
(b) to imprisonment for 14 years if, at the time of committing the offence, the offender is—
(i) adversely affected by an intoxicating substance; or
(ii) excessively speeding; or
(iii) taking part in an unlawful race or unlawful speed trial; or
(c) to imprisonment for 14 years, if the offender knows, or ought reasonably know, the other person has been killed or injured, and the offender leaves the scene of the incident, other than to obtain medical or other help for the other person, before a police officer arrives.
(5) The offender may be arrested without warrant.
(6) In this section—

"excessively speeding" means driving or operating a vehicle at a speed more than 40km/h over the speed limit applying to the driver under the Transport Operations (Road Use Management) Act 1995 .

"operates, or in any way interferes with the operation of, a vehicle dangerously" means operate, or in any way interfere with the operation of, a vehicle at a speed or in a way that is dangerous to the public, having regard to all the circumstances, including—
(a) the nature, condition and use of the place; and
(b) the nature and condition of the vehicle; and
(c) the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and
(d) the concentration of alcohol in the operator’s blood or breath; and
(e) the presence of any other substance in the operator’s body.

"place" does not include a place being lawfully used to race or test vehicles under a licence or another authority under an Act and from which other traffic is excluded at the time.

"prescribed offence" means—
(a) an offence against this section; or
(b) an offence charged on indictment involving the driving or operation of a vehicle at a speed causing or likely to cause injury to anyone; or
(c) an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 (1) , (1F) , (2) , (2AA) , (2A) , (2B) , (2D) or (2J) .

"the public" includes passengers in a vehicle whether in a public or private place.

"unlawful race" means a race involving a vehicle in contravention of the Transport Operations (Road Use Management) Act 1995 , section 85 .

"unlawful speed trial" mean a trial of the speed of a vehicle in contravention of the Transport Operations (Road Use Management) Act 1995 , section 85 .



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