Aggravating factors are those factors particular to the offence, the victim or the defendant which may warrant a higher penalty.

The Criminal Law Consolidation Act 1935 (SA) contains specific maximum penalties for basic and aggravated offences. Factors which aggravate an offence committed whilst using a motor vehicle are:

For more information about aggravating factors, see the Sentencing chapter.

It is an offence to drive a vehicle recklessly or at a speed or in a manner which is dangerous to any person [Road Traffic Act 1961 (SA) s 46]. The maximum penalty is:

[See also Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007; Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA) reg 5(b)].

A mandatory licence disqualification applies:

In determining whether the offence is a first or subsequent offence, only a previous offence against section 46(1) for which the defendant has been convicted, and which was committed within the period of five years immediately preceding the commission of the offence under consideration, will be taken into account [s 46(4)].

In considering whether an offence has been committed under this section, the Court must take into account a number of factors, including the nature, condition and use of the road on which the alleged offence occurred, the amount of traffic on the road at the time of the alleged offence, the amount of traffic reasonably expected to enter the road from other roads and places, and all other relevant circumstances [s 46(2)].

Police have the power to impose an immediate licence disqualification or suspension notice for the offence of dangerous driving [Road Traffic Act 1961 (SA) s 47IAA(1)(ba), see Instant or immediate loss of licence].

It is an offence to drive a motor vehicle in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person intending to escape pursuit by police or cause police to engage in a pursuit [see Criminal Law Consolidation Act 1935 (SA) s 19AC(1)]. The maximum penalty for a basic offence is imprisonment for three years and mandatory licence disqualification for not less than two years. The maximum penalty for an aggravated offence is imprisonment for five years and mandatory licence disqualification for not less than two years [see Criminal Law Consolidation Act 1935 (SA) ss 19AC(1) and 19AC(2)].

Pursuant to s 19ADA of the Criminal Law Consolidation Act 1935 (SA)], a person drives at an extreme speed if they exceed the speed limit:

There are exceptions for emergency vehicles [defined in 19ADA(10) of the Criminal Law Consolidation Act 1935 (SA) and reg 5 of the Criminal Law Consolidation (General) Regulations 2021 (SA)].

The maximum penalty is 3 years imprisonment for a basic offence and 5 years imprisonment for an aggravated offence.

According to s 5AA(1d) of the Criminal Law Consolidation Act 1935 (SA), an offence against s 19ADA will be aggravated if:

Mandatory minimum disqualification periods also apply following conviction: for a first offence - 2 years for a basic offence and 5 years for an aggravated offence, and for a subsequent offence - 5 years.

A person cannot be convicted of both an offence against s 29 of the Criminal Law Consolidation Act 1935 (SA) (acts or omissions that endanger life/create risk of serious harm) and the extreme speed offence, if the charge arises out of the same set of circumstances.

Instant Loss of Licence

If a police officer reasonably believes that a driver has committed the offence of driving at extreme speed, they may issue an instant loss of licence notice (ILOL notice) [Criminal Law Consolidation Act 1935 (SA) s 19AF(1)].

A driver who receives an ILOL notice may apply to the Magistrates Court for an order lifting the disqualification or suspension. The Court may only make such an order if satisfied that exceptional circumstances exist such that it is appropriate to do so, and the person does not pose a substantial risk to the public if an order is made [s 19AF(6)]

The ILOL notice must be in writing, and personally served on the driver, or if the driver consents to receiving the notice by email, via the nominated email address provided [Criminal Law Consolidation (General) Regulations 2021 (SA) reg 6A].

A notice of immediate licence disqualification or suspension must contain the prescribed particulars as defined in Schedule 1 of the Criminal Law Consolidation (General) Regulations 2021 (SA).

It is an offence to drive, use or interfere with a motor vehicle without first obtaining the consent of the owner of the vehicle [see Criminal Law Consolidation Act 1935 s 86A]. For a first offence the maximum penalty is imprisonment for two years, for a subsequent offence imprisonment for not less than three months and not more than four years. There is also a mandatory licence disqualification for twelve months [see s 86A(2)].