Sentencing trends & issues

Number 15 — Driving causing death: section 52A of the Crimes Act 1900

Sentencing trends & issues
Date
May 1997
Authors
David Ash
Ivan Potas

Driving causing death: section 52A of the Crimes Act 1900

With the introduction of the Crimes (Dangerous Driving Offences) Amendment Act 1994 and the cognate Traffic (Negligent Driving Offences) Amendment Act 1994, the New South Wales Parliament recast and sharply increased the maximum penalties for driving offences causing death or serious injury. When these Acts came into effect on 23 December 1994, they replaced penalties which had existed since 1951 when s 52A was first introduced into the Crimes Act. The new legislation was neither a simple amendment to the existing law of culpable driving nor a mere name change (from 'culpable' driving to 'dangerous' driving), but a wholly resettled statement. This issue of Sentencing Trends looks at the reforms, particularly as they relate to the offenders sentenced for driving offences which have resulted in the death of a person. It analyses some sentencing statistics in relation to penalties imposed for the former offence of culpable driving causing death, examines some appeal statistics, sets out the new maximum penalties, and considers the first four appeal cases on sentence heard by the Court of Criminal Appeal under the new regime. Special attention is paid to the youth of the offender as a sentencing factor, as each of the cases heard by the Court of Criminal Appeal concerned an offender who was aged 23 years or less at the date of the offence. It also reviews other key sentencing principles and suggests that, while the legislation has been amended, the principles previously applied to the former culpable driving offences will continue be relevant and apply to the new offences. Statistics are drawn from the Judicial Commission's Judicial Information Research System and relate to cases finalised in the higher courts of New South Wales since January 1990.