4   Negligent, furious or reckless driving

(1)  Any person who drives a motor vehicle upon a road or road related area, negligently, furiously, or recklessly, or at a speed or in a manner which is dangerous to the public, shall be guilty of an offence under this Act.

(2)  In considering whether an offence has been committed under this section, the court shall have regard to all the circumstances of the case, including the nature, condition, and use of the road or road related area upon which such offence is alleged to have been committed, and to the amount of traffic which actually is at the time, or which might reasonably be expected to be, upon such road or road related area.

(3)  A person convicted of the offence under this section of driving a motor vehicle negligently is liable:

(a)  for driving occasioning death:

(i)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or

(ii)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment, or

(b)  for driving occasioning grievous bodily harm:

(i)  in the case of a first offence—to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding 9 months or to both such penalty and imprisonment, or

(ii)  in the case of a second or subsequent offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 12 months or to both such penalty and imprisonment, or

(c)  for driving not occasioning death or grievous bodily harm—to a penalty not exceeding 10 penalty units.

(3A)  A person convicted of the offence under this section of driving a motor vehicle furiously or recklessly, or at a speed or in a manner which is dangerous to the public, is liable:

(a)  in the case of a first offence—to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding 9 months or to both such penalty and imprisonment, or

(b)  in the case of a second or subsequent offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 12 months or to both such penalty and imprisonment.

(4)  For the purposes of subsection (3) or (3A), where a person is guilty of an offence under this section, that offence:

(a)  is a second or subsequent offence as referred to in that subsection if and only if, within the period of 5 years immediately before being convicted of that offence, the person was convicted of a major offence, and

(b)  otherwise shall be treated as a first offence.

(5)  In this section, grievous bodily harm includes any permanent or serious disfigurement.