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North Beach fatal 1/12/2006

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  • North Beach fatal 1/12/2006

    Man charged over 2006 motorcyclist death | PerthNow

    Man charged over 2006 motorcyclist death

    November 19, 2007 08:40am

    A 24-year-old Bull Creek man has been charged with dangerous driving over the death of a motor bike rider after a North Beach crash in December last year.

    The 30-year-old motorcyclist and his pillion passenger collided with a Nissan Pulsar sedan at the intersection of West Coast Drive and Malcolm St around 8.30pm on Friday, December 1, 2006.

    The rider suffered head injuries and later died in hospital while the bike passenger and the driver of the sedan were not injured.

    Major Crash officers have charged the 24-year-old driver with dangerous driving occasioning death and he will appear in the Perth Magistrate’s Court on December 19.
    59. Dangerous driving causing death, injury, etc.

    (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: imprisonment for 18 months or a fine of 160 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.

    (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;

    (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; and

    (d) the term “grievous bodily harm” has the same meaning as is given thereto in The Criminal Code.

    (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 imprisonment for 4 years or a fine of 400 PU, 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.]


  • #2
    It`s a shame that it takes the system so long to work through this backlog of cases....it gives so much pain to the people who are left behind. Let`s hope the court case doesn`t take long....
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    • #3
      Originally posted by Stephan View Post
      It`s a shame that it takes the system so long to work through this backlog of cases....it gives so much pain to the people who are left behind. Let`s hope the court case doesn`t take long....
      Yup. When I rang the cops a month or so ago about that horrible Maylands one, they said that no charges had been laid because it was still being investigated. I don't know whether all this is due to a huge backlog but with 572 serious and fatal crashes last year I guess the Major Crash unit will have its work cut out for them.

      But the fact that they have laid charges for 2 such cases in the past week perhaps indicates they are getting on top of it?

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