Negligent Driving Causing Death or GBH in NSW

Charged with negligent driving causing death or grievous bodily harm? Unlike dangerous driving, which criminalises objectively dangerous conduct, negligent driving applies to careless or inadvertent driving that falls below the standard of a competent and careful driver. The maximum penalties are 18 months imprisonment for death and 9 months for GBH — serious consequences, but less severe than dangerous driving.

At Barsha Defence Lawyers, we regularly defend negligent driving charges in Local and District Courts across Greater Sydney. We understand the distinction between negligence and dangerous driving, and we know how to challenge causation, contest the standard of care applied, and build strong sentencing cases. This guide explains the law, penalties, and your options.

What Is Negligent Driving?

Negligent driving causing death or GBH is an offence under sections 117 and 117A of the Road Transport Act 2013 (NSW). The prosecution must prove three elements beyond reasonable doubt:

• You were driving a vehicle on a road or road-related area
• You drove the vehicle negligently
• That negligent driving caused the death of, or grievous bodily harm to, another person

Negligent driving means driving in a manner that involves a departure from the standard of care that a competent and careful driver would observe in the circumstances. The test is objective — what would a reasonable driver have done in the same situation?

Negligent Driving vs Dangerous Driving

The critical distinction between negligent and dangerous driving:

Maximum Penalties

The maximum penalties for negligent driving are:

Unlike dangerous driving, negligent driving is not punishable by lengthy terms of imprisonment, but full-time custody remains a realistic outcome for more serious negligent driving causing death, particularly where aggravating factors exist.

What Makes Driving 'Negligent'?

Common examples of negligent driving include:

• Failing to keep a proper lookout
• Misjudging the speed or distance of another vehicle
• Failing to give way when required
• Failing to check blind spots before changing lanes or merging
• Momentary inattention or distraction
• Driving while fatigued
• Moderate speeding (as opposed to gross speeding which may constitute dangerous driving)
• Failing to maintain a safe following distance

The court assesses whether the manner of driving fell below the standard expected of a competent and careful driver in the same circumstances, considering road conditions, traffic, visibility, and all other relevant factors.

Causation

The prosecution must prove that your negligent driving caused the death or GBH. Causation can be contested where:

• The victim's own negligence or unlawful conduct contributed to the accident
• Another driver's actions were the real cause
• An unforeseen mechanical failure or road defect caused the collision
• The injuries resulted from a subsequent event rather than the initial collision

Defences to Negligent Driving

Before deciding how to plead, always have the evidence reviewed by a lawyer. Our approach to contesting charges is explained on our website.

The Driving Did Not Fall Below the Required Standard

If your driving was consistent with what a competent and careful driver would have done in the same circumstances, the offence is not made out. This defence most commonly arises where the collision was truly unavoidable despite proper care.

Causation Not Established

If the death or GBH was caused by something other than your negligent driving — such as the victim's own negligent or unlawful conduct, another driver's actions, or a road defect — causation has not been proved.

Medical Emergency or Sudden Incapacity

If you suffered a sudden and unforeseen medical emergency that caused you to lose control, and you could not have reasonably foreseen it, this may provide a complete defence of automatism.

Mechanical Failure

An unforeseen and unforeseeable mechanical failure that caused the collision may provide a defence, provided you were not aware of any defect and had properly maintained the vehicle.

Sentencing Considerations

If pleading guilty or found guilty, sentencing depends on:

• The degree of negligence — momentary lapse vs sustained inattention
• The consequences — death vs injury, number of victims
• Whether other offences were involved (speeding, mobile phone use, fatigue)
• Your traffic and criminal history
• Your level of remorse, cooperation, and insight
• Your personal circumstances and the impact on your employment and family
• Whether you have engaged in rehabilitation or restorative justice
• The strength of your character evidence

Can You Avoid a Conviction?

A Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 — where the court finds you guilty but records no conviction — is achievable for negligent driving, particularly negligent driving causing GBH (rather than death). Courts are more willing to grant non-conviction outcomes for negligent driving than for dangerous driving, especially where the negligence was momentary and the offender has otherwise good character.

What Barsha Defence Lawyers Will Do

When you retain us on a negligent driving matter:

• Obtain the full police brief including witness statements, photographs, collision report, and any expert analysis
• Engage accident reconstruction experts where causation or the standard of care is contested
• Advise on prospects of defending the charge and achieving a non-conviction outcome at sentencing
• Challenge any attempt by the prosecution to elevate the charge to dangerous driving where negligence more accurately reflects the conduct
• Prepare comprehensive sentencing materials — character references, remorse letters, rehabilitation steps, psychological reports
• Appear at Parramatta, Blacktown, Penrith, Windsor, Downing Centre and all other NSW courts — see courts we attend

Frequently Asked Questions

What is the difference between negligent and dangerous driving?

Negligent driving involves a departure from the standard of a competent driver — carelessness or inadvertence. Dangerous driving involves objectively dangerous conduct. Negligent driving is less serious and carries lower maximum penalties (18 months vs 10 years for death).

Will I go to jail for negligent driving causing death?

Imprisonment is possible but not inevitable. For a first offence involving a momentary lapse with strong personal circumstances and genuine remorse, a non-custodial sentence or Intensive Correction Order is achievable. The more serious the negligence and consequences, the higher the risk of full-time custody.

Can the charge be reduced from dangerous to negligent driving?

Yes. Where you are charged with both dangerous and negligent driving as alternative charges, your lawyer can negotiate with the prosecution to accept a plea to negligent driving if the evidence does not establish the higher threshold of objective danger.

What if the victim was also at fault?

Contributory negligence by the victim can be relevant to both liability and sentence. If the victim was speeding, failed to wear a seatbelt, or acted unlawfully, this may defeat causation or significantly reduce your culpability at sentencing.

Can I get a Section 10 for negligent driving?

Yes, Section 10 dismissals are achievable for negligent driving, particularly negligent driving causing GBH. For negligent driving causing death, courts are more reluctant but it remains possible in exceptional cases involving momentary inadvertence with strong mitigating circumstances.

How long will I lose my licence?

The court sets an automatic disqualification period, typically ranging from 6 months to 3 years depending on the seriousness. The period can be appealed but is difficult to reduce significantly for negligent driving causing death.

Related Traffic Offences

• Dangerous Driving
• Drink Driving (PCA)
• DUI
• Drug Driving
• Licence Appeals

The information on this page is general and does not constitute legal advice. Every negligent driving matter is different. Contact Barsha Defence Lawyers for advice tailored to your situation. Liability limited by a scheme approved under Professional Standards Legislation.