In the most extreme cases negligent driving can cause grievous bodily harm or even death. The penalties applicable can result in imprisonment for 10 years.

Our experienced Criminal lawyers have dealt with all types of driving offences, and can analyse the evidence and circumstances and provide you with the best advice and representation.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688.

The Law

Negligent Driving and Dangerous Driving

The section which outlines this is mainly section 52 A, which refers to dangerous driving, There are varying degrees of dangerous driving although all are dealt with as indictable offences.

S 52 of the Act outlines that:

• death or grievous bodily harm is occasioned to someone
• through impact with a motor vehicle, directly or indirectly, or through the motor vehicle leaving the road or overturning
• provided that at the time of the impact, leaving the highway or overturning the driver of the vehicle was under the influence of alcohol or drugs or was driving in a speed or manner dangerous to other persons.

There are mandatory penalties associated with these offences. These are 10 years for causing death and 7 years for causing grievous bodily harm whilst driving.

Negligent driving causing grievous bodily harm or death are classed under s188 of the Road Transport (General) Act as a major traffic offence. Definitions of the offence of negligent driving can be found in section 42 of the Road Transport (Safety and Management) Act 1999, which states that:

1. A person must not drive a motor vehicle negligently on a road or road related area.

Maximum penalty:

• if the driving occasions death $3300 or imprisonment for 18 months or both (in the case of a first offence) or $5500 or imprisonment for 2 years or both (in the case of a second or subsequent offence), or
• if the driving occasions grievous bodily harm $2200 or imprisonment for 9 months or both (in the case of a first offence) or $3300 or imprisonment for 12 months or both (in the case of a second or subsequent offence), or
• if the driving does not occasion death or grievous bodily harm $1100.

In applying the section, the Court is to have regard to a number of factors regarding the circumstances of the offence committed; such as the nature, condition and use of the road on which the offence was committed and also the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road or road related area (s42(3)). Under this section the infliction of grievous bodily harm is taken to mean any serious or permanent disfigurement.

For further information call one of our experienced Criminal Law solicitors for some free telephone advice on (02) 9525 8688