Dangerous driving causing death is one of the most serious charges a driver can face in Western Australia. The maximum penalty is 10 years’ imprisonment, rising to 20 years where alcohol, drugs or circumstances of aggravation are involved. Every conviction also carries a licence disqualification of at least two years.
If you or someone close to you has been charged, you’re likely dealing with grief, uncertainty and real fear about what comes next. This article explains how the offence works in WA, the penalties under the Road Traffic Act 1974, and what the court considers when deciding a sentence.
What is Dangerous Driving Causing Death?
Under section 59 of the Road Traffic Act 1974, you commit a crime if a motor vehicle you’re driving is involved in an incident that causes another person’s death and, at the time, you were driving:
- under the influence of alcohol, drugs, or both, to the extent that you were incapable of having proper control of the vehicle, or
- in a manner (including speed) that was dangerous to the public or to any person, having regard to all the circumstances of the case.
The prosecution must prove the charge beyond reasonable doubt. If your blood alcohol concentration (BAC) was 0.15 or higher, the law deems you to have been incapable of having proper control of the vehicle.
Maximum penalties for dangerous driving causing death in WA
The maximum penalty depends on whether alcohol, drugs or circumstances of aggravation were involved.
| Type of offence | Maximum imprisonment | Fine | Minimum licence disqualification |
|---|---|---|---|
| Driving in a dangerous manner or at a dangerous speed | 10 years | Any amount | 2 years |
| Driving under the influence of alcohol, drugs, or both | 20 years | Any amount | 2 years |
| Dangerous driving in circumstances of aggravation | 20 years | Any amount | 2 years |
Because a death is involved, these charges can’t be finalised in the Magistrates Court. They’re dealt with in one of the higher courts, usually the District Court of Western Australia.
What Are Circumstances of Aggravation?
Section 49AB of the Act sets out circumstances of aggravation that double the maximum penalty. They apply if, at the time of the offence, you were:
- Driving 30 km/h or more above the speed limit
- Driving to escape pursuit by a police officer
- Driving the vehicle without the owner’s consent
- Driving without authority, for example if you had never held a licence or were driving while suspended or disqualified
- Driving a vehicle your licence doesn’t cover
- Breaching the conditions of your authority to drive, such as an extraordinary driver’s licence or an alcohol interlock condition
Is There a Minimum Sentence for Dangerous Driving Causing Death?
There’s no general minimum prison term for dangerous driving causing death in WA. The court has a broad range of sentencing options, and the length of any imprisonment depends on the facts of your matter. There are two important exceptions:
- Licence disqualification: every conviction carries a mandatory disqualification of at least two years, and the court can order a longer period.
- Escaping police pursuit: if you were driving to escape pursuit by a police officer, the court must impose at least 12 months’ imprisonment, and that term can’t be suspended.
Because a life has been lost, courts treat this offence very seriously, and imprisonment is a real possibility in most cases. That’s why getting specialist advice early matters.
What does the Court Consider when Sentencing?
Sentencing outcomes vary widely because no two matters are the same. Under the Sentencing Act 1995, your sentence must reflect the seriousness of the offence. To work out where your matter sits, the court looks at:
- Your culpability: how dangerous the driving was, including your speed, how long it went on, and any alcohol or drug readings
- Aggravating factors: such as more than one person being killed or seriously injured, prior driving offences, or an existing criminal record
- Mitigating factors: including an early plea of guilty, genuine remorse, cooperation with police and character references
- Your personal circumstances: such as your age, health, family responsibilities and prospects of rehabilitation
For example, imagine two drivers, each charged after a fatal crash on a Perth freeway. The first made a brief error of judgement, has no prior driving offences and pleads guilty early. The second was driving 40 km/h over the speed limit and has a previous conviction for driving in a reckless manner. Both face the same charge, but the second driver’s speed is a circumstance of aggravation, so the maximum penalty doubles. The court will also view their culpability very differently.
How We Can Help
If you’ve been charged with dangerous driving causing death, the steps you take now can shape the outcome of your matter. We’ll examine the evidence closely to assess whether you have a workable defence. For example, the Act provides a defence where the death was not in any way attributable to the manner of driving, or to the influence of alcohol or drugs.
Where the evidence supports it, we can seek to have the charge resolved as careless driving causing death, which carries a maximum of three years’ imprisonment. Where no defence is available, we focus on meticulous preparation of your plea to achieve the best possible outcome.
When you engage us, Nick Stevenson handles your matter personally, from your first consultation to the final hearing.
Frequently Asked Questions
Will I go to prison for dangerous driving causing death?
Imprisonment is a real possibility because the court must take into account the loss of a life. However, unless you were escaping police pursuit, there’s no mandatory prison term. Your sentence will depend on your culpability, your personal circumstances and whether you plead guilty. Early advice gives you the best opportunity to put strong mitigation before the court.
Can a dangerous driving causing death charge be downgraded?
In some cases, yes. If the evidence doesn’t establish that your driving was dangerous, the matter may be resolved as careless driving causing death, which carries significantly lower penalties. Whether this is realistic depends on the evidence, including witness statements, crash reconstruction and any alcohol or drug testing.
Does it matter if the other person was partly at fault?
It isn’t a defence on its own. The Act states that it doesn’t matter if the death might have been avoided by proper precautions taken by someone else. However, the full circumstances of the incident can still be relevant to how dangerous your driving was and to sentencing.
Get advice about your charge
If you’ve been charged with dangerous driving causing death anywhere in Western Australia, call us on (08) 9489 4898 or 0412 927 704, or use our contact form. We aim to respond to every enquiry within one business day, and we offer phone and after-hours appointments to suit shift workers and FIFO schedules.
Disclaimer: This article provides general information about Western Australian law as at October 2026. It isn’t legal advice and shouldn’t be relied on as such. For advice about your situation, please contact us.