Dangerous Operation
Lawyer Cairns
Dangerous operation of a vehicle is one of the most serious driving offences in Queensland. It is not a traffic offence — it is a criminal charge under section 328A of the Criminal Code Act 1899 , and a conviction results in a criminal record, mandatory licence disqualification, and — for causing-death and GBH matters — the real prospect of imprisonment. In August 2024, the Making Queensland Safer Act 2024 materially increased the maximum penalties. Where the offence caused death or grievous bodily harm, the maximum was raised from 10 years to 14 years. Where aggravating circumstances were present — intoxication, excessive speed, or leaving the scene — the maximum was raised to 20 years. A new 20-year maximum was introduced specifically for dangerous operation causing death or GBH committed while evading police. These are not theoretical maximums. How the matter is prepared from the first court appearance shapes every decision that follows.
The Offence — Section 328A, Criminal Code
Dangerous operation is governed by section 328A of the Criminal Code Act 1899 (Qld) . The offence has multiple tiers with increasing maximum penalties: Tier 1 — Base offence (s 328A(1)) Operating a vehicle dangerously in any place Maximum penalty: 200 penalty units or 3 years' imprisonment Classification: misdemeanour — dealt with in the Magistrates Court Tier 1A — Social media advertising (s 328A(1A)) Publishing material on social media to advertise the offender's involvement in the offence or the act constituting the offence Maximum penalty: 400 penalty units or 5 years' imprisonment This provision was introduced by the 2024 amendments and targets people who film or post dangerous driving on social media Tier 2 — Aggravated offence (s 328A(2)) Three circumstances raise the maximum to 400 penalty units or 5 years' imprisonment : The driver was adversely affected by an intoxicating substance at the time The driver was excessively speeding or taking part in an unlawful race or speed trial The driver had a prior conviction for dangerous operation The matter is still dealt with in the Magistrates Court unless the accused elects to proceed in the District Court. Tier 3 — Causing death or grievous bodily harm (s 328A(4)) This is strictly indictable and must be dealt with in the District Court : No aggravation: maximum 14 years' imprisonment Intoxicated, excessively speeding, or racing: maximum 20 years' imprisonment Leaving the scene (knowing someone was killed or injured): maximum 20 years' imprisonment Evading police (committing a s 754 PPRA evasion offence before or during the offence): maximum 20 years' imprisonment Mandatory imprisonment (s 328A(3)) The court must impose imprisonment (as the whole or part of the punishment) if the offender: Has a prior dangerous operation conviction committed while adversely affected by an intoxicating substance, or Has been twice previously convicted of prescribed offences (including dangerous operation, drink driving, drug driving, and disqualified driving)
The Legal Threshold — What 'Dangerous' Means
Not every bad driving decision is dangerous operation. The legal test is objective — whether a competent and careful driver would have appreciated the risk and driven differently in the circumstances. The standard requires a serious breach of the proper conduct of a driver , not merely careless or inattentive driving. The court assesses dangerousness by looking at: The nature, condition, and use of the road or place The amount of traffic at the time (or that might reasonably be expected) The speed and manner of driving Any other relevant circumstances This distinction matters in practice. Where the driving was poor, careless, or even negligent — but falls short of the serious breach threshold — the appropriate charge is careless driving under the Transport Operations (Road Use Management) Act 1995 , not dangerous operation under the Criminal Code . Careless driving is a traffic offence. Dangerous operation is a criminal offence. The consequences are vastly different. Speed alone may not be sufficient. A single momentary lapse of attention may not be sufficient. The prosecution must prove a standard of driving that goes beyond mere carelessness. Where the conduct is at the lower end of what prosecutors charge as dangerous, a reduction to a lesser charge is often achievable through representations.
No Work Licence. No Special Hardship Order.
Every dangerous operation conviction in practice results in licence disqualification . The court has the power to disqualify under s 187 of the Penalties and Sentences Act 1992 , and courts exercise this power in virtually every case. The minimum period typically imposed is 6 months, with significantly longer periods for aggravated and causing-death matters. There are two critical facts that most people do not know until they are told: A work licence is not available after a dangerous operation conviction. Work licences are only available for drink driving offences under the Transport Operations (Road Use Management) Act 1995 . Dangerous operation is a Criminal Code offence and does not qualify. A special hardship order is not available after a dangerous operation conviction. Special hardship orders are similarly limited to specific transport offences. If you are facing a dangerous operation charge and rely on your licence for work, the licence disqualification consequence needs to be planned for from the outset. The length of the disqualification period is determined by the court at sentencing — it is not fixed by statute — and sentencing submissions on the appropriate disqualification period are part of the preparation. Where the charge is laid alongside a drink or drug driving offence, disqualification periods run cumulatively — not concurrently — under Queensland law. Multiple charges at the same hearing compound the disqualification exposure. In causing-death matters, lengthy disqualification periods are common, and permanent disqualification is imposed in some cases. The length depends on the circumstances — intoxication, speed, and leaving the scene all push the disqualification period higher.
Common Scenarios in Cairns
Dangerous operation charges in the Cairns courts typically arise from: High-speed driving Driving at excessive speed on Far North Queensland roads — including the Bruce Highway, the Captain Cook Highway, and roads in and around Cairns. Where the speed is more than 40 km/h over the limit, the aggravated tier applies. But even lower speeds may constitute dangerous operation if the road conditions, traffic, or visibility made the speed objectively dangerous. Driving while intoxicated Dangerous operation charged alongside drink driving or drug driving . The intoxication is both a separate charge and an aggravating circumstance that elevates the dangerous operation to Tier 2 (or Tier 3 with the 20-year maximum if death or GBH was caused). The disqualification periods for each charge run cumulatively. Police pursuits Failing to stop for police (an evasion offence under s 754 PPRA) almost always results in a dangerous operation charge as well. Where death or GBH is caused during a pursuit, the specific 20-year maximum under s 328A(4)(d) applies. The evasion charge carries its own minimum penalty of 50 penalty units or 50 days' imprisonment. Fatal and serious injury crashes The most serious dangerous operation matters involve death or grievous bodily harm. These are committed to the District Court and carry 14 to 20 years' imprisonment depending on the presence of aggravating circumstances. Immediate custody is the starting point in many of these matters — the question is whether a suspended or partly suspended sentence can be achieved through preparation. Hooning and street racing Taking part in an unlawful race or speed trial is a specific aggravating circumstance. The 2024 amendments also introduced a new tier for publishing the offence on social media (s 328A(1A)), which carries up to 5 years. Dangerous operation committed as a hooning offence triggers vehicle impoundment under the PPRA.
What Changes the Outcome
Whether the conduct actually constitutes dangerous operation. The objective test requires a serious breach of proper road conduct. Where the driving falls below that threshold — careless rather than dangerous — the charge should be contested or a reduction negotiated. Whether the aggravating circumstance is properly established. Intoxication, excessive speed, and prior convictions must each be pleaded and proved by the prosecution. Where the evidence does not establish the aggravating circumstance, the charge should be contested at that tier. Whether the prosecution can prove causation. In causing-death and GBH matters, causation is a distinct element. Where there is a genuine question about whether the manner of driving — rather than some other factor — caused the outcome, that is defended. Prior traffic history. A first offence carries substantially better prospects than a matter involving prior dangerous operation, drink driving, or disqualified driving convictions. Two prior prescribed offence convictions trigger mandatory imprisonment. Intoxication. The single most significant aggravating factor. It elevates the tier, dramatically affects the likely sentence, and triggers the aggravated disqualification provisions. What happened after the incident. Whether the driver stopped and assisted, called emergency services, or left the scene. Leaving the scene carries its own 20-year tier under the 2024 amendments and is treated as a serious aggravating feature at sentencing. Genuine remorse and early plea. An early guilty plea in a causing-death matter carries a meaningful discount. The combination of genuine remorse, early plea, and absence of prior relevant history is the strongest mitigating case available.
Related Charges
Dangerous operation is often charged alongside other offences: Drink driving — where the driver was intoxicated. The drink driving charge and dangerous operation charge carry separate disqualification periods that run cumulatively. Drug driving — where the driver had a relevant drug in their system. Evade police (s 754 PPRA) — where the dangerous driving occurred during a police pursuit. The evasion charge carries a minimum penalty of 50 penalty units or 50 days' imprisonment. Careless driving — careless driving under the Transport Operations (Road Use Management) Act 1995 is the lesser alternative. Where the conduct does not meet the dangerous operation threshold, a reduction to careless driving may be negotiated. Failure to remain at the scene and render assistance — a separate offence that is also a specific aggravating circumstance for the dangerous operation charge.
Frequently Asked Questions
What is the difference between dangerous operation and careless driving?
Dangerous operation (s 328A Criminal Code ) requires a serious breach of proper road conduct. Careless driving ( Transport Operations (Road Use Management) Act 1995 ) covers driving that falls below the standard of a reasonable and prudent driver. The threshold is higher for dangerous operation. Careless driving is a traffic offence; dangerous operation is a criminal offence with a criminal record, mandatory disqualification, and potential imprisonment.
Can I get a work licence after a dangerous operation conviction?
No. Work licences are only available for drink driving offences under the Transport Operations (Road Use Management) Act 1995 . Dangerous operation is a Criminal Code offence and does not qualify. Similarly, special hardship orders are not available. If you rely on your licence for work, this consequence needs to be planned for from the outset.
What are the 2024 penalty increases?
The Making Queensland Safer Act 2024 increased the maximum penalties for dangerous operation causing death or GBH. The maximum for causing death or GBH without aggravation was raised from 10 to 14 years. With aggravation (intoxication, excessive speed, leaving the scene, or evading police), the maximum is now 20 years. A new provision targets publishing the offence on social media (s 328A(1A)), carrying up to 5 years.
Will I go to jail for dangerous operation?
For a first-offence Tier 1 or Tier 2 matter without causing death or GBH, imprisonment is uncommon — fines, bonds, and community service are the realistic range with proper preparation. For causing-death and GBH matters, imprisonment is the starting point. Whether a suspended or partly suspended sentence can be achieved depends on preparation — remorse, character, early plea, and the specific circumstances of the driving.
How long will I lose my licence?
Dangerous operation in practice always results in licence disqualification. Courts exercise the power under s 187 of the Penalties and Sentences Act 1992 in virtually every case. The minimum period typically imposed is 6 months, but courts impose longer periods for aggravated offences and causing-death matters. In causing-death cases, permanent disqualification is imposed in some cases.