Dangerous Driving

Dangerous driving in New South Wales is charged under two different Acts. Both carry licence disqualification, a criminal record and the possibility of imprisonment.

Being charged with dangerous driving is serious, and the first thing to understand is that NSW does not have a single dangerous driving offence. Whether a vehicle was involved in an impact causing death or grievous bodily harm decides which of the two Acts you are charged under, and the two charges carry very different maximum penalties.

What Is Dangerous Driving?

Dangerous driving means driving a motor vehicle in a way that creates a real danger to the public. The objective test governs it: not what you intended or how skilled you are, but whether the driving was such a serious breach of the proper management and control of the vehicle that it created a real danger to other road users (McBride v The Queen (1966) 115 CLR 44).

Because the assessment is objective, “I did not mean to” and “I am a good driver” are not answers to the charge, and the prosecution need not prove criminal negligence (King v The Queen (2012) 245 CLR 588).

The Two Dangerous Driving Charges in NSW

Which charge you face turns on a single question: was a vehicle involved in an impact that caused death or grievous bodily harm? Your Court Attendance Notice names the Act and the section.

Yes. The charge is under section 52A of the Crimes Act 1900 (NSW). These are indictable offences carrying maximum penalties of between 7 and 14 years’ imprisonment.
No. The charge is under section 117(2) of the Road Transport Act 2013 (NSW). It is a summary offence dealt with by a magistrate in the Local Court, and no impact, injury or collision is required.

Dangerous Driving Offences in NSW

Dangerous Driving Under the Road Transport Act 2013

Section 117(2) of the Road Transport Act 2013 (NSW) provides that a person must not drive a motor vehicle on a road furiously, recklessly, or at a speed or in a manner dangerous to the public. It is the most common dangerous driving charge in NSW, regularly laid when nobody was hurt and nothing was damaged, and it covers conduct that other states call reckless driving and excessive speeding, well beyond an ordinary speeding offence.

The maximum penalty depends on your record. A first offence carries 20 penalty units or 9 months’ imprisonment or both, and a second or subsequent offence carries 30 penalty units or 12 months’ imprisonment or both. A penalty unit is currently $110 (Crimes (Sentencing Procedure) Act 1999 (NSW) s 17), which sets the maximum fines at $2,200 and $3,300.

Dangerous Driving Causing Death or Grievous Bodily Harm

Where a vehicle is involved in an impact occasioning death or grievous bodily harm, the charge moves to the more serious section 52A of the Crimes Act 1900 (NSW):

Dangerous driving occasioning death, s52A(1). Maximum penalty: 10 years’ imprisonment.
Aggravated dangerous driving occasioning death, s52A(2). Maximum penalty: 14 years’ imprisonment.
Dangerous driving occasioning grievous bodily harm, s52A(3). Maximum penalty: 7 years’ imprisonment.
Aggravated dangerous driving occasioning grievous bodily harm, s52A(4). Maximum penalty: 11 years’ imprisonment.

You can find more information on the specific offence page for Dangerous Driving Causing Grievous Bodily Harm and Dangerous Driving Causing Death.

Is Dangerous Driving an Indictable Offence?

It depends on the charge. A section 117(2) charge is a summary offence, dealt with by a magistrate in the Local Court without a jury.

The section 52A offences are indictable, but they do not all proceed the same way. Occasioning death under s52A(1) and s52A(2) is strictly indictable and is dealt with in the District Court. Occasioning grievous bodily harm under s52A(3) and s52A(4) is a Table 1 offence, so it is finalised in the Local Court unless the prosecution or the defence elects the District Court (Criminal Procedure Act 1986 (NSW), Schedule 1).

Both are criminal offences, and a conviction for either will leave you with a criminal record.

Penalty for Dangerous Driving in NSW

Dangerous driving carries significantly more severe penalties than an ordinary traffic offence, and a dangerous driving matter is not resolved with a fine and demerit points. It requires a court appearance.

A maximum penalty is the ceiling a court cannot go past, not the sentence to expect. NSW does not have mandatory sentencing for these offences. Sentencing for section 52A matters is now guided by the statement of principles issued by the Court of Criminal Appeal in the recent decision of Cripps v R (s 52A guideline judgment) [2026] NSWCCA 144, which revoked the earlier guideline in R v Whyte (2002) 55 NSWLR 252. Outcomes in dangerous driving cases are argued rather than assumed.

What Is the Disqualification Period for Dangerous Driving in NSW?

On conviction, you will lose your licence. Both the section 52A offences and section 117(2) are major offences under the Road Transport Act 2013 (NSW) s4, which brings them within the automatic licence disqualification regime under s205.

With no prior major offence in the five years before conviction, the automatic disqualification period is 3 years. The court may order a shorter period, but not below the minimum period of 12 months, or a longer one if it thinks fit (s205(2)(d)). With a prior major offence in that window, the automatic period is 5 years and the mandatory minimum period is 2 years (s205(3)(d)).

Licence disqualification is not a licence suspension, and it is not served instead of a fine or imprisonment. It applies in addition to any other penalty (s 205(5)). If your licence is your income, this is a consequence to consider when engaging legal advice.

Difference Between Dangerous Driving and Negligent Driving in NSW

Negligent driving under section 117(1) of the Road Transport Act 2013 (NSW) is driving without the due care and attention reasonably expected of the ordinary prudent driver. Dangerous driving under section 117(2) sits above it: the driving must create a real danger to the public, not simply fall short of the standard of the reasonable and prudent driver. The lesser charge is covered on our negligent driving page.

Careless driving is not an offence in New South Wales. What other states charge as careless driving is dealt with here as negligent driving. Reckless driving is not separate either, because recklessness is one of the ways section 117(2) can be committed.

How Dangerous Driving Compares to Other NSW Driving Offences

NSW uses several names for dangerous and reckless driving offences, each with its own threshold and section:

Negligent driving, s117(1) Road Transport Act 2013 (NSW)
Menacing driving, s118 Road Transport Act 2013 (NSW)
Dangerous, furious or reckless driving with no impact, s117(2) Road Transport Act 2013 (NSW)
Predatory driving, s51A Crimes Act 1900 (NSW)
Police pursuit, known as Skye’s Law, s51B Crimes Act 1900 (NSW)
Dangerous driving occasioning death or grievous bodily harm, s52A Crimes Act 1900 (NSW)
Driving under the influence of alcohol or a drug, s112 Road Transport Act 2013 (NSW)

Defences for Dangerous Driving in NSW

Whether a defence is available depends on the evidence in your case. The prosecution carries the burden of proof and must prove the charge beyond a reasonable doubt.

You were not the driver: the prosecution must prove you were driving the motor vehicle at the time.
The driving was not dangerous to the public: the objective test is a high bar, and evidence about road conditions, traffic and other drivers can decide whether driving that looks inherently dangerous on paper created real danger in fact.
Necessity: The driving was a reasonable and justifiable response to a situation of immediate peril.
Duress: You drove as you did because of threats or coercion that left no reasonable alternative.

Pleading Not Guilty to Dangerous Driving

If you plead not guilty, the matter is listed for hearing or trial, and the prosecution must prove every element beyond a reasonable doubt. The charge you are first given is not always the charge you are finally dealt with, and there is sometimes scope to negotiate with the prosecution to downgrade charges or agree to the facts. That decision should follow legal advice.

Pleading Guilty to Dangerous Driving

Pleading guilty does not mean accepting whatever penalty is proposed. The facts are agreed, and the argument turns to what should happen next. For matters dealt with on indictment, a sentencing discount of up to 25% applies where the plea is entered at the earliest stage, stepping down to 10% and then to 5% (Crimes (Sentencing Procedure) Act 1999 (NSW) s 25D). In summary matters, the discount is a matter for the magistrate. Character references, employment, licence dependency, remorse, your driving record and any medical or personal circumstances can be submitted in mitigation.

Burden of Proof

For a charge under section 117(2), the prosecution must prove beyond reasonable doubt:

That you drove a motor vehicle;
That you drove it on a road;
That you drove furiously, recklessly, at a speed dangerous to the public, or in a manner dangerous to the public.

In deciding the third element, the court must have regard to all the circumstances, including the nature, condition and use of the road, the amount of traffic on it and any obstructions or hazards (s117(3)).