Dangerous driving causing death or grievous bodily harm (GBH) is a crime under s 328A(4) of the Criminal Code (Qld), carrying a maximum penalty of 14 years’ imprisonment, rising to 20 years if a circumstance of aggravation (such as excessive speed, intoxication, or leaving the scene) is also proved. It is dealt with on indictment, not summarily, which means the matter is committed from the Magistrates Court to the District Court. A new law, already passed, replaces this offence from 1 March 2027 with higher maximums of 16 and 25 years, so which law applies depends entirely on the date of the driving, not the date you are charged or sentenced.
What makes this the “aggravated” charge, not the simple one?
Dangerous operation of a vehicle becomes specifically aggravated when the driving causes someone’s death or GBH. “Grievous bodily harm” has a specific legal meaning under s 1 of the Criminal Code, wider than a lay understanding of “serious injury” (it includes any injury that would endanger life or cause permanent harm if left untreated, whether or not it is in fact treated).
The maximum penalty rises further, to 20 years, if the prosecution also proves one of the circumstances of aggravation set out in s 328A(4): the driver was adversely affected by an intoxicating substance, was excessively speeding (more than 40 km/h over the limit) or taking part in an unlawful race or speed trial, left the scene knowing, or when they ought to have known, that someone had been killed or injured (other than to get help), or was evading police at the time. A prior conviction for dangerous driving, or posting the driving on social media, aggravates the simple offence but does not lift the death or GBH offence to 20 years under the current law. These aggravating circumstances have to be specifically pleaded and proved, not just inferred from the fact that someone was badly hurt.
Why does it go to the District Court?
Causing death or GBH by dangerous driving is a “crime” under the Criminal Code that must be prosecuted on indictment. Only the simple and aggravated forms of dangerous driving that don’t involve death or GBH can be dealt with in the Magistrates Court. A death or GBH charge instead goes through a committal process in the Magistrates Court, where the prosecution’s evidence is tested or (far more often in practice) the case is committed on the paperwork without a contested hearing, before the matter moves to the District Court for either a trial or a sentence on a plea of guilty.
This matters for a few reasons. A District Court matter takes longer to resolve than a Magistrates Court one, involves the cost of barristers as well as solicitors in most cases, and means the sentencing Judge is not limited by the lower maximum penalty limit that applies to matters dealt with summarily (of 3 year’s imprisonment).
Will you go to jail?
Every case turns on its own facts, so there is no fixed answer, but it’s realistic to expect that a prison sentence is the most likely outcome where death or GBH is caused by dangerous driving, particularly where a circumstance of aggravation is also proved. That does not mean a jail sentence is automatic or that every sentence is served full-time in custody. What a court actually does depends on matters including: the degree of danger involved in the driving itself (a momentary lapse of judgment is treated very differently to prolonged, obviously reckless conduct); whether aggravating circumstances are proved; the offender’s driving history and age; genuine remorse and steps already taken, such as counselling, medical treatment, or road safety courses; and the impact on the victim and their family, which the court hears about directly through a victim impact statement.
A conviction for causing death or GBH by dangerous driving also carries a minimum 6-month licence disqualification, on top of whatever sentence is imposed, and the court can disqualify you for longer, or permanently, depending on the circumstances.
What actually changes on 1 March 2027?
The Criminal Code (Dangerous Driving) and Other Legislation Amendment Act 2026 (Act No. 24 of 2026) was assented to on 21 September 2026 and its substantive provisions commence on 1 March 2027. It repeals s 328A entirely and replaces it with four new offences in a new chapter 29B of the Criminal Code, splitting motor vehicles from other vehicles such as bicycles and vessels (e-scooters and e-bikes are treated as non-motor vehicles under the new chapter, so their maximum penalties stay at today’s levels).
For a motor vehicle, the new maximum penalties for dangerously driving causing death or GBH are:
| No aggravating circumstance | With an aggravating circumstance | |
|---|---|---|
| Causing death or GBH | 16 years | 25 years |
| No death or GBH caused | 5 years (400 penalty units) | 7 years (600 penalty units) |
The aggravating circumstances that lift a death or GBH offence to 25 years keep the current ones (intoxication, excessive speeding or racing, leaving the scene, evading police) and add two more. It is now also an aggravating circumstance if the offender was disqualified from holding or obtaining a Queensland driver licence, or their licence or interstate driving authority was suspended, at the time of the offence, and if, within the 5 years before conviction, they had been convicted of dangerous driving, drink or drug driving, careless driving causing death or GBH, or another indictable driving offence causing or likely to cause injury or death. The intoxication limb is also wider: being over the high alcohol limit, or having a relevant drug present in blood or saliva, is enough without proof that the driving was affected. Posting the driving on social media remains an aggravating circumstance only for the offence that causes no death or GBH.
Two further changes matter for anyone facing this charge after 1 March 2027:
- Mandatory imprisonment for repeat offenders. If convicted, a court must impose a term of actual imprisonment where the person has a prior conviction for this same offence (or for careless driving causing death or GBH), or has two or more prior convictions for dangerous driving, drink or drug driving, or an indictable driving offence causing or likely to cause injury or death.
- Longer mandatory minimum disqualification periods, moved from the transport legislation into the Criminal Code itself: at least 1 year for a first, non-aggravated death-or-GBH offence, rising to 2 years if aggravated, and up to 5 years for a repeat, aggravated offence (the current minimum is 6 months).
Which law applies to you?
The Act makes this explicit: an offence committed before 1 March 2027 is prosecuted and sentenced under the existing s 328A, even if the court case itself happens later, including after 1 March 2027. An offence committed on or after 1 March 2027 is dealt with entirely under the new chapter 29B offences. The date that matters is the date of the driving, not the date you’re charged, the date you’re committed to the District Court, or the date of sentence.
Driving offence lawyers
If you’ve been charged with dangerous driving causing death or GBH, what happens in the weeks immediately after charge, how the brief of evidence is tested, and how your personal circumstances and genuine remorse are put before the court, can make a real difference to the outcome. We gather references and, where appropriate, evidence of counselling or treatment already undertaken, to put your full circumstances before the court.
If you’ve been charged following a serious accident, bail is often decided before you’ve had time to prepare, and the stakes for a show-cause or Supreme Court bail application are high. Read how bail works in Queensland or about our bail applications, or contact us for confidential advice, available 24/7 for urgent matters.
This article is general legal information, not advice about your situation.
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