The offence is applicable to circumstances where you are simply not paying attention to the road, not complying with certain road rules, including, for example where you accidentally drive over someone’s foot by not looking properly. The court will consider the conditions of the road as well as whether there was traffic or any hazards on the road.
There are three difference charges of negligent under the Road Transport Act 2013, including:
Section 117(1)(c) = negligent driving,
Section 117(1)(b) = negligent driving occasioning grievous bodily harm,
Section 117(1)(a) = negligent driving occasioning death.
Negligent driving
WHAT THE PROSECUTION NEED TO PROVE
The prosecution must prove beyond a reasonable doubt that:
You were driving a vehicle; and
That you were not exercising the degree of care and attention that a reasonable person and prudent driver would exercise in the circumstances.
The charge can be successfully defended if we are able to show that the prosecution cannot prove both of those elements beyond a reasonable doubt. Speak to your lawyer who can provide you with advice as to your prospects of success.
Penalties
This offence may be dealt with by an infringement of $481 and 3 demerit points.
Where the matter is heard at court, the maximum penalty is a $1,100 fine, and the court may choose to disqualify you from driving for 12 months.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
NEGLIGENT DRIVING OCCASIONING GRIEVOUS BODILY HARM
WHAT THE PROSECUTION NEED TO PROVE
The prosecution must prove beyond a reasonable doubt that:
You were driving a vehicle; and
That you were not exercising the degree of care and attention that a reasonable person and prudent driver would exercise in the circumstances; and
Grievous bodily harm was occasioned.
The charge can be successfully defended if we are able to show that the prosecution cannot prove both of those elements beyond a reasonable doubt. Speak to your lawyer who can provide you with advice as to your prospects of success.
Grievous bodily harm is defined as a ‘really serious’ injury including the destruction (other than in the course of a lawful abortion) of the foetus of a pregnant woman, any permanent or serious disfiguring of the person, and any grievous bodily disease. It may include broken bones or damage to organs.
Penalties
The maximum penalty for this offence is a fine of up to $2,200 and/or 9 months imprisonment. There is also an automatic disqualification period of 3 years however, the court can reduce this to 12 months, if it deems that this is suitable. Keep in mind that the maximum disqualification period is unlimited for this offence.
However, where it involves a second or subsequent offence, a maximum penalty of $3,300 and/or 12 months imprisonment will be applicable. The automatic disqualification is 5 years, which can be lowered to a minimum period of 2 years. Again, the maximum disqualification period is unlimited.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
NEGLIGENT DRIVING OCCASIONING in death
WHAT THE PROSECUTION NEED TO PROVE
The prosecution must prove beyond a reasonable doubt that:
You were driving a vehicle; and
That you were not exercising the degree of care and attention that a reasonable person and prudent driver would exercise in the circumstances; and
Death was occasioned.
Penalties
The maximum penalty for this offence is a fine of up to $3,300 and/or 18 months imprisonment. The automatic disqualification period is 3 years but can be reduced to 12 months. The maximum disqualification period is unlimited.
However, where it is your second or subsequent offence, the maximum penalty is increased to a $5,500 fine and/or 2 years imprisonment. The automatic disqualification is 5 years, which can be lowered to a minimum period of 2 years. Again, the maximum disqualification period is unlimited.
Whilst this offence relates to actions which have caused a death, they are dealt with in the Local Court, with the most common sentence being a ‘Community Corrections Order’ for a first offence.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
Police Pursuit
Engaging in a police pursuit is an offence under section 51B of the Crimes Act 1900 (NSW). Police pursuit charges are considered very seriously by the courts. Police pursuits are now also known as “Skye’s Law” after a 19-month-old toddler named Sky Sassine was killed during a police chase in 2009.
This offence is occasioned when you are evading the police by way of a motor vehicle which causes danger to the community.
WHAT THE PROSECUTION NEED TO PROVE
The prosecution must prove beyond a reasonable doubt that:
You drove a vehicle,
You knew or ought to reasonably have known, or had reasonable grounds to suspect that police officers were in pursuit of your vehicle and that you were required to stop,
You failed to stop the vehicle,
You then drove the vehicle recklessly or at a speed or in a manner dangerous to others.
The charge can be successfully defended if we are able to show that the prosecution cannot prove those elements beyond a reasonable doubt. Speak to your lawyer who can provide you with advice as to your prospects of success.
Penalties
In the case of a first offence, the maximum penalty applicable is 3 years imprisonment.
The maximum disqualification period applicable is 3 years, which may be lowered to a minimum disqualification period of 12 months, if the court deems that this is suitable.
For a second or subsequent offence, the maximum penalty applicable is 5 years imprisonment.
The applicable maximum license disqualification period is 5 years, with a minimum disqualification period of 2 years if the court sees fit.
However, in terms of the maximum penalties of imprisonment, it is important to note that the offence is classified as a ‘table 2’ offence which means that it will be dealt with in the Local Court, unless the prosecution elects for the matter to proceed to the District Court.
In the Local Court, the maximum penalty is limited to a $5,500 fine and/or 2 years imprisonment, for a single offence.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
