Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a motor vehicle
driven by a person (the driver ) is involved in an incident occasioning the
death of, or grievous bodily harm to, another person and the driver was, at
the time of the incident, driving the motor vehicle —
(a)
while under the influence of alcohol, drugs, or alcohol and drugs to such an
extent as to be incapable of having proper control of the vehicle; or
(b) in a
manner (which expression includes speed) that is, having regard to all the
circumstances of the case, dangerous to the public or to any person,
the driver commits a
crime and is liable to the penalty in subsection (3).
Summary conviction penalty in a case in which the
incident does not occasion the death of another person: imprisonment for
3 years or a fine of 720 PU and in any event the court convicting
the person shall order that he be disqualified from holding or obtaining a
driver’s licence for a period of not less than 2 years.
(2A) For an offence
against this section that was committed before the day on which the
Manslaughter Legislation Amendment Act 2011 section 6(1) came into
operation amending subsection (1), subsection (1) applies as if that
amendment had not been made.
(2) For the purposes
of this section —
[(a) deleted]
(b) it
is immaterial that the death or grievous bodily harm might have been avoided
by proper precaution on the part of a person other than the person charged or
might have been prevented by proper care or treatment; and
(c) when
an incident occasions grievous bodily harm to a person and that person
receives surgical or medical treatment, and death results either from the harm
or the treatment, the incident is deemed to have occasioned the death of that
person, although the immediate cause of death was the surgical or medical
treatment if the treatment was reasonably proper in the circumstances and was
applied in good faith.
(3) A person convicted
on indictment of an offence against this section is liable —
(a) if
the offence is against subsection (1)(a), or the offence is against
subsection (1)(b) and is committed in circumstances of aggravation, to a
fine of any amount and to imprisonment for —
(i)
20 years, if the person has caused the death of
another person; or
(ii)
14 years, if the person has caused grievous bodily
harm to another person;
or
(b) in
any other circumstances, to a fine of any amount and to imprisonment
for —
(i)
10 years, if the person has caused the death of
another person; or
(ii)
7 years, if the person has caused grievous bodily
harm to another person,
and, in any event, the
court convicting that person shall order that he be disqualified from holding
or obtaining a driver’s licence for a period of not less than
2 years.
(4) On the summary
trial of a person charged with an offence against this section the person may,
instead of being convicted of that offence, be convicted of an offence against
section 59A, 61 or 62.
[Section 59 amended by No. 89 of 1978
s. 12; No. 82 of 1982 s. 9; No. 11 of 1988 s. 24;
No. 37 of 1991 s. 6(2); No. 1 of 1992 s. 6; No. 50 of
1997 s. 13; No. 4 of 2004 s. 58; No. 44 of 2004 s. 5;
No. 39 of 2007 s. 22; No. 29 of 2008 s. 38; No. 58 of 2011
s. 6.]