Negligent Driving

Negligent Driving: Serious Offence in NSW – Get Expert Legal Help from Barsha Defence Lawyers

Negligent driving is a significant indictable offense within the NSW justice system, carrying severe consequences upon conviction. Particularly when it involves causing death, these charges must be handled with utmost seriousness and the support of experienced criminal lawyers.

At Barsha Defence Lawyers, we have years of experience defending individuals accused of traffic offences, ensuring the best possible outcomes for our clients.

What is Negligent Driving?

Negligent driving typically involves situations where an accident occurs due to the driver’s conduct, which does not meet the threshold for more serious offenses like dangerous or reckless driving. Common examples include accidents caused by moments of inattention or failure to comply with road rules.

Types of Negligent Driving Offenses

Negligent Driving Occasioning Grievous Bodily Harm

Under s117(1)(b) of the Road Transport Act, negligent driving causing grievous bodily harm involves driving in a manner that results in serious injury to another person. “Grievous bodily harm” refers to injuries that are severe, possibly permanent, or seriously disfiguring but not necessarily life-threatening.

Negligent Driving Occasioning Death

As per s117(1)(a) of the Road Transport Act 2013, negligent driving causing death occurs when a driver’s failure to exercise due care results in a fatality. This is the most severe form of negligent driving and one of the most serious traffic offenses.

Difference Between Dangerous and Negligent Driving

While both are serious offenses, negligent driving (s117 of the Road Transport Act) involves failing to meet the standard of care expected of a prudent driver. Dangerous driving (s52A of the Crimes Act) involves factors such as intoxication, excessive speed, or driving in a manner dangerous to others.

Is Negligent Driving an Indictable Offense?

Yes, negligent driving is a criminal offense under s117 of the Road Transport Act 2013. It occurs when a driver fails to exercise the due care and attention expected of an ordinary prudent driver. The court considers factors like road conditions, traffic, and any obstructions when determining negligence.

Penalties for Negligent Driving in NSW

• Grievous Bodily Harm:

  • First Offense: Up to $2,200 fine and/or 9 months imprisonment.
  • Subsequent Offense: Up to $3,300 fine and/or 12 months imprisonment.

• Death:

• First Offense: Up to $3,300 fine and/or 18 months imprisonment.
• Subsequent Offense: Up to $5,500 fine and/or 2 years imprisonment.

Disqualification Period for Negligent Driving in NSW

• Grievous Bodily Harm (First Offense): Minimum 12 months disqualification, automatic 3 years.
• Grievous Bodily Harm (Subsequent Offense): Minimum 2 years disqualification, automatic 5 years.
• Death (First Offense): Minimum 12 months disqualification, automatic 3 years.
• Death (Subsequent Offense): Minimum 2 years disqualification, automatic 5 years.

Defences for Negligent Driving in NSW

Possible defenses include:

• Necessity: Actions were reasonable and justifiable under immediate peril to avoid irreversible harm.
• Duress: Coercion or threats forced the driver to act unlawfully.
• Reasonable and Honest Mistake: Misinterpretation or misrepresentation of road rules led to the incident.

Pleading to Negligent Driving

• Not Guilty: If you plead not guilty, the case will go to trial where the court will examine the evidence.
• Guilty: A guilty plea can result in a penalty reduction of up to 25% for an early plea. It’s crucial to seek legal advice before deciding.

Burden of Proof

The prosecution must prove beyond a reasonable doubt that:

• You failed to exercise proper care.
• You were operating the vehicle.
• Your negligence caused grievous bodily harm or death.