Those convicted of dangerous driving could soon face a maximum sentence of 21 years under proposed new laws, despite differing advice from the state’s Sentencing Advisory Council.
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Acting Attorney-General Matthew Groom announced on Tuesday that the government would table changes to move the offence of dangerous driving from the Traffic Act to the Criminal Code.
This would change the charge to an indictable offence, meaning it would be prosecuted in the Supreme Court.
The maximum sentence for negligent driving causing death could be increased by one year and negligent driving causing grievous bodily harm increased by six months.
In 2015, the government asked the Sentencing Advisory Council to examine the state’s driving offences that result in the death or injury of another person.
The report found “the current use of imprisonment and the principles used to determine sentence length for dangerous driving causing death are appropriate”.
It reported the same situation for dangerous driving causing grievous bodily harm.
“The use of imprisonment by the court is appropriate and the approach of the court to sentencing for motor manslaughter, as evident in the current practice of the court, is appropriate,” the report said.
But Mr Groom said it was important that the government was sending the right message through the law.
“We all recognise the very serious impact that dangerous driving can have on our community – it does have the capacity to be able to destroy lives,” he said.
“It continues to be the government’s view that there needs to be a strengthening of the law in this area in order to ensure that we’re sending the right message and to reflect the community’s concerns.
“When it comes to dangerous driving, there has been a decline in the sentences received compared to sentences for other offences.”
Opposition spokeswoman Lara Giddings said the party would judge the legislation once it was tabled.
“We are willing to consider increased penalties to send a message to the community that driving is a privilege not a right and comes with responsibility to other road users,” Ms Giddings said.
Greens leader Cassy O’Connor said that a 21-year sentence seemed excessive.