Negligent driving is a serious indictable offence within the NSW justice system, and a conviction can result in severe consequences for the accused. As such, it is necessary that charges of negligent driving, particularly negligent driving causing death, are dealt with seriously and with the support of experienced criminal lawyers.
The team at Hamilton Janke Lawyers have years of experience defending individuals accused of traffic offences and will ensure you receive the best possible outcome.
The offence of negligent driving generally encompasses situations where an accident has occurred; however, the conduct of the driver involved in the accident does not meet the threshold of other serious offences, such as dangerous or reckless driving.
The most common examples of situations that may be classified as negligent are where a moment of inattention causes an accident or where a driver has failed to comply with the road rules and an accident ensues.
The relevant legislation regarding Negligent Driving occasioning grievous bodily harm may be found in s117(1)(b) Road Transport Act. Under the Act, Negligent Driving occasioning grievous bodily harm is defined as driving in a manner that causes grievous bodily harm to another person.
The penalty for negligent driving is more severe if a person suffers grievous bodily harm due to the accident. Grievous bodily harm is defined as an injury that is ‘really serious’. It may involve an injury that is permanent or seriously disfigures a person. However, the injury is not required to be long-lasting or life-threatening.
Legislation for Negligent Driving Occasioning death can be found in s117(1)(a) of the Road Transport Act 2013 and is similarly defined as above; driving without the standard of due care and attention reasonably expected of the ordinary prudent driver driving in a manner that causes death.
Negligent driving causing death is the most severe form of negligent driving and one of the most serious traffic offences.
Dangerous driving and Negligent Driving are two very separate offences. The charge of Negligent driving is contained in the Road Transport Act s117 and is defined in the act as “driving without the standards of due care and attention reasonably expected of the ordinary prudent driver.”
This is in contrast to the criteria for Dangerous Diving as defined in Crimes Act s52A. Under the Crimes Act, dangerous driving whether it be charged under s54A(1) Dangerous driving occasioning death or s54A(3) dangerous driving occasioning grievous bodily harm, requires that the driver of the vehicle be:
(a) intoxicated by drugs and or alcohol
(b) be speeding; or
(c) driving in a manner dangerous to another person.
Negligent driving is a criminal offence in NSW under s117 of the Road Transport Act 2013.
For the purpose of this section, negligence occurs when someone drives ‘without the due care and attention reasonably expected of the ordinary prudent driver’.
In determining whether the reasonable standard has been deviated from, the court may have regard to:
The maximum penalty for negligent driving occasioning grievous bodily harm depends on whether it is a person’s first offence. If it is a person’s first offence, the maximum penalty is $2,200 and/or 9 months imprisonment. If it is a person’s second (or subsequent) offence, the maximum penalty is a $3,300 fine and/or 12 months imprisonment.
The maximum penalty for negligent driving occasioning death also depends on whether it is a person’s first offence. For a first offence, the maximum penalty is a fine of $3,300 and/or a maximum term of imprisonment of 18 months. If it is a second or subsequent offence, the maximum fine is $5,500 and/or a maximum term of imprisonment of 2 years.
In the case of a first offence under s117(1)(a) of Negligent driving occasioning death, the minimum disqualification period is 12 months and an unlimited maximum period. In the absence of any Court orders, the automatic disqualification period is 3 years.
If, however, the individual is charged as having committed a second offence under s117(1)(a) the minimum disqualification period is 2 years and an unlimited maximum term. In the absence of any Court orders, the automatic disqualification period is 5 years.
A first offence under s117(1)(b) of Negligent Driving occasioning grievous bodily harm will carry a minimum disqualification period of 12 months or an unlimited maximum period if the court sees fit. In the absence of a Court order, the automatic disqualification period of 3 years.
For a second offence under s117(1)(b), the minimum disqualification period is 2 years or an unlimited maximum period if the court sees fit. In the absence of any Court orders, the automatic disqualification period is 5 years.
The charge of negligent driving in NSW has several possible defences which may be available to the defendant depending on the circumstances surrounding the offending. Our experienced team at Hamilton Janke Lawyers can advise you on possible criminal defences that may apply to your circumstances.
If you enter a plea of not guilty to the charge of negligent driving, the matter will be listed for hearing for the Court to determine after considering the evidence.
In entering a guilty plea, you are acknowledging and accepting that you committed the offence of negligent driving. An early guilty plea will entitle you to a discount of up to 25% of the penalty which otherwise would be handed down.
Before entering a plea to a charge of negligent driving, it is important to seek legal advice.
As a criminal matter, the burden of proof for charges of negligent driving rests with the prosecution.
This means that for a conviction to occur, the prosecution must prove beyond reasonable doubt all the circumstances:
If you are being charged with a traffic offence, it is vital that you seek legal advice and legal representation. An experienced criminal defence lawyer will be able to advise you on how to proceed and assist you through every step of the process.
Hamilton Janke Lawyers has extensive experience defending traffic matters. For advice or representation for a traffic matter, contact our expert lawyers today.
Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.
Going to court? Or maybe you just need advice? Contact us now.
