In New South Wales (NSW), ‘furious driving’ refers to driving in a manner, pace, or speed that endangers other road users or pedestrians. This offence is similar to dangerous driving and speeding and can be prosecuted under the Crimes Act 1900 or the Road Transport Act 2013. This offence is considered to be serious and can attract penalties of imprisonment, loss of licence and a criminal conviction.
Furious Driving Under the Crimes Act 1900 (NSW)
Section 53 of the Crimes Act 1900 defines the offence of furious driving with these key points:
- Offence Elements: The driver must be on horseback or in charge of a vehicle, and through wanton or furious driving, racing, misconduct, or wilful neglect, cause bodily harm to another person.
- Penalties: Maximum penalty of 2 years imprisonment.
- Injury Requirement: Bodily harm must be caused to another person for the offence to apply.
Furious Driving Under the Road Transport Act 2013 (NSW)
Section 117(2) of the Road Transport Act 2013 outlines the following provisions for furious driving:
- Offence Elements: The driver must operate a motor vehicle on a road in a manner that is furious, reckless, or dangerous to the public.
- Penalties for First Offence: Maximum 9 months imprisonment and/or 20 penalty units (equivalent to a $2,200 fine), with an automatic disqualification period of 3 years, minimum 12 months.
- Penalties for Second Offence: Maximum 12 months imprisonment and/or 30 penalty units, with an automatic disqualification period of 5 years, minimum 2 years.
- Second Offence Classification: If convicted of a major traffic offence within the previous five years, it is classified as a second offence.
Examples of Furious Driving
Actions that may constitute furious driving include:
- Performing stunts with someone on the car’s bonnet who then gets injured.
- Driving 50 km/h over the posted speed limit.
- Sharp braking followed by speeding and swerving on the road.
- Tailgating and merging at great speed.
What the Police Must Prove
To convict someone of furious driving, the prosecution must prove beyond a reasonable doubt:
- The person was driving a car.
- The driving was done in a furious, reckless, or dangerous manner.
- (Under the Crimes Act) The driving caused bodily harm to a person.
Possible Defences for Furious Driving
Defences against a charge of furious driving might include:
- Arguing that the person was not driving the car.
- Proving that the driving was not furious or reckless.
- (Under the Crimes Act) Demonstrating that no bodily harm was caused.
Jurisdiction for Furious Driving Offences
- Crimes Act 1900: Classified as a Table 1 offence, which will be finalized in the Local Court unless the prosecution or defendant elects to have it heard in the District Court.
- Road Transport Act 2013: Classified as a Summary Offence, which must be finalized in the Local Court.
Understanding the nuances of furious driving laws in NSW is crucial for all drivers. Being aware of the severe penalties and the legal processes involved can help prevent dangerous driving behaviors and ensure road safety for everyone.
What are your options at Law?
If you are facing charges of Drive Furiously, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Will I Go Jail?
The fear of being sent to prison is natural and rational, especially considering the unfamiliarity and the severe penalties associated with many offences. Maximum penalties are often stated in terms of years in prison and are one of the factors considered during sentencing. However, courts consider many other factors—both subjective (personal circumstances of the defendant) and objective (details of the offending conduct).
Presumption of Innocence
It’s essential to remember that anyone charged with a criminal offence is presumed innocent until proven guilty in a court of law. Being accused via a court attendance notice or otherwise is far from being found guilty, receiving a conviction, and facing a prison sentence, which is considered a last resort.
Burden of Proof
The prosecution must prove each element of the case beyond a reasonable doubt. If the defendant presents a legal defence, the prosecution must also disprove that defence to the same high standard. the criminal standard of “beyond reasomable doubt” is the highest standard of proof and must be satisfied before a person is found guilty and convicted of a crime.
Sentencing Statistics for Criminal Offences in NSW
Here are the penalties imposed by courts for some frequently prosecuted criminal and traffic offences, based on data from the Judicial Commission of New South Wales:
| Offence |
Section / Act |
Maximum Prison Sentence |
Number of Cases |
Number Sent to Prison |
Percentage Sent to Prison |
| Common assault |
s61 / Crimes Act 1900 |
2 years |
11,341 |
33 |
0.2% |
| Assault occasioning actual bodily harm |
s59 Crimes Act 1900 |
5 years |
4,421 |
14 |
2.4% |
| Sexual touching (general offence) |
s61KC(a) Crimes Act 1900 |
5 years |
286 |
21 |
7.3% |
| Break, enter and commit serious indictable offence (steal) |
s112(1)(a) Crimes Act 1900 |
14 years |
179 |
29 |
16.2% |
| Possess prohibited drug |
s10 Drug Misuse and Trafficking Act 1985 |
2 years |
10,304 |
3 |
0.03% |
| Supply or knowingly take part in supply of small quantity of prohibited drug |
s25(1) Drug Misuse and Trafficking Act 1985 |
15 years |
379 |
4 |
1.1% |
| Stalk/intimidate (domestic relationship) |
s13 Crimes (Domestic and Personal Violence) Act 2007 |
5 years |
4,107 |
50 |
1.2% |
| Stalk/intimidate (personal relationship) |
s13 Crimes (Domestic and Personal Violence) Act 2007 |
5 years |
1,154 |
18 |
1.6% |
| Contravene AVO (domestic relationship) |
s14 Crimes (Domestic and Personal Violence) Act 2007 |
2 years |
1,632 |
18 |
1.1% |
| Contravene AVO (personal relationship) |
s14 Crimes (Domestic and Personal Violence) Act 2007 |
2 years |
108 |
1 |
0.9% |
| Driving with mid-range prescribed concentration of alcohol |
s110(4)(a) Road Transport Act 2013 |
9 months |
11,019 |
2 |
0.02% |
| Driving with high-range prescribed concentration of alcohol |
s110(5)(a) Road Transport Act 2013 |
18 months |
3,958 |
19 |
0.5% |
| Negligent driving occasioning grievous bodily harm |
s117(1)(b) Road Transport Act 2013 |
12 months |
603 |
0 |
0% |
| Negligent driving occasioning death |
s117(1)(a) Road Transport Act 2013 |
18 months |
78 |
1 |
1.3% |
Factors in Sentencing
Each case is assessed on its merits, with maximum penalties being a critical consideration. Although imprisonment may be unlikely for first-time offenders, engaging a specialist criminal defence lawyer can significantly impact the outcome, potentially leading to charges being withdrawn or dismissed, or minimizing penalties. It is also important to know that in some situations, imprisonment may be highly likely and so it is imperative that you obtain legal representation from the inception of your criminal law matter.
Sentencing for Serious Offences
Some offences, such as dangerous driving occasioning death (s52A(1)(c) Crimes Act 1900), carry severe penalties, with a maximum of 10 years in prison. Between September 2018 and December 2022, 63.4% of first-time offenders for this crime were sentenced to full-time imprisonment.
Court’s Approach to Dangerous Driving
The New South Wales Court of Criminal Appeal in R v Whyte [2002] NSWCCA 343 set guidelines indicating that custodial sentences are typically appropriate unless the offender’s culpability is low. The High Court in Jiminez v The Queen [1992] HCA 14 clarified that various factors determine whether driving was dangerous, including tiredness, driving conditions, and overall circumstances.
Have you been charged with Drive Furiously? Need Legal Help?
If you’re facing court for a criminal or traffic offence, call Barsha Defence Lawyers on 0474 708 070 for expert legal advice and representation. A specialist defence lawyer will guide you through the legal process, defences, options, and the best path forward to achieve the best possible result.
