Section 61: Any person who drives a motor vehicle in a manner (including speeding) that is, having regard to all the circumstances of the case, dangerous to the public or to any person, commits an offence.

If it is the accused person’s first offence, the maximum penalty is a fine of 16 penalty units ($800).

If it is a second or subsequent offence, the maximum penalty is a fine of 40 penalty units ($2,000) or imprisonment for 9 months and disqualification of the licence for not less than 12 months.

It is important to note that a conviction for reckless driving or dangerous driving causing death is deemed to be an offence under this section and will therefore effect whether it is a first or subsequent offence.

(1) That the accused person was driving a motor vehicle;
(2) That the manner in which the accused was driving was objectively dangerous; and
(3) That the dangerous manner in which the accused was driving was dangerous to the public or any person.

It is important to note that the police do not have to prove intent or conscious fault by the driver and the dangerous driving does not have to be negligent. The test as to whether the driving is dangerous is completely objective.

Fatigue and sleepiness has been found to be objectively dangerous.

(a) Duress;
(b) Emergency;
(c) Mistaken belief of fact (only in very rare circumstances);
(d) Insanity;
(e) The accused person was not ‘driving’ at the time;
(f) Identification (ie. The accused was not the person driving the vehicle); and
(g) The driving was not objectively dangerous.

The matter would be heard in the Magistrates Court.