Negligent Driving Lawyers

Onus and burden of proof

An offence of negligent driving is considered a strict liability offence. This means that it does not matter whether you intended to commit the crime or not. All that must be established is that you did commit the offence.

It is for the Prosecution to establish, beyond reasonable doubt, that you:

• Drove in a manner negligently. As stated above, negligence is defined as a failure to exercise proper care when driving a motor vehicle
• You were driving the vehicle on a road or road related area

In the event that there was any injury or death occasioned as a result of your driving, the Prosecution must further demonstrate, beyond reasonable doubt, that:

• In relation to any driving which occasions grievous bodily harm, it must be demonstrated that the harm was occasioned because of your driving
• In relation to any driving which occasions death, it must be demonstrated that the death was occasioned because of your driving

Factors taken into account

When assessing whether a driver has driven a vehicle in a manner negligently, section 117(3) of the Road Transport Act 2013 (NSW) (‘Road Transport Act’) requires that the Court take into consideration all the circumstances of the case, including the following –

• The nature, condition and use of the road on which the offence is alleged to have been committed
• The amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road
• Any obstructions or hazards on the road

What are the penalties?

If you plead guilty or are found guilty of an offence of negligent driving, without having caused any injury or death to another person, the maximum penalty which may be imposed is a fine of $1,100.00.

In the event that the collision has resulted in the serious harm or death of another person, the penalties vary.

What is ‘grievous bodily harm’?

Per s 117(4) of the Road Transport Act, “Grievous bodily harm” is an injury which is considered to be serious. It typically involves an injury that is permanent or which causes serious disfigurement of a person.

What are the penalties?

If you plead guilty or are found guilty of an offence of negligent driving occasions grievous bodily harm, the maximum penalty which may be imposed against you is as follows:

• Imprisonment:
  • First offence: 9 months
  • Second or subsequent offence: 12 months
• Monetary penalty:
  • First offence: $2,200
  • Second or subsequent offence: $3,300
• Automatic disqualification:
  • First offence: 3 years
  • Second or subsequent offence: 5 years
• Minimum disqualification:
  • First offence: 12 months
  • Second or subsequent offence: 2 years

What are the penalties?

If you plead guilty or are found guilty of an offence of negligent driving occasioning death, the maximum penalty which may be imposed against you is as follows:

• Imprisonment:
  • First offence: 18 months
  • Second or subsequent offence: 2 years
• Monetary penalty:
  • First offence: $3,300 fine
  • Second or subsequent offence: $5,500
• Automatic disqualification:
  • First offence: 3 years
  • Second or subsequent offence: 5 years
• Minimum disqualification:
  • First offence: 12 months
  • Second or subsequent offence: 2 years

Defences

There are several possible defences to a charge of negligent driving. The availability of any defences set out below vary from case to case and are reliant, in part, to the circumstances surrounding the incident. Defences which may be available to you, are listed below:

• Necessity – You must raise, on the balance of probabilities, that their actions were reasonable and justified by the surrounding circumstances.
• Duress – This is a defence whereby the accused person has engaged in the conduct as a result of threats or coercion made against that person.
• Automatism – This is a legal defence available to an accused person where it is established that the actions of the driver were involuntary, and unwilled. Example: A defence of automatism may occur whereby a person suffers from an unexpected medical event like a stroke or a seizure.