Failing to Stop and Assist after Car Accident

Your options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

1. You drove a vehicle involved in an impact occasioning the death of another person, or causing grievous bodily harm; and
2. You knew, or ought reasonably to have known, that the vehicle was involved in an impact occasioning the death of, or grievous bodily harm to, another person; and
3. You failed to stop and give any assistance that may be necessary and that it was in your power to give.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

• Duress
• Necessity
• Self-defence

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

The maximum penalty for this offence is two years imprisonment in the Local Court. If the matter is heard in the District Court, the maximum penalty for failing to stop and assist after impact causing death is 10 years imprisonment and the maximum penalty for failing to stop and assist after impact causing grievous bodily harm is 7 years.

Generally, penalties that a court can impose for any criminal offence in NSW are:

• Section 10 – No conviction recorded
• Fine
• Section 9 – Good behaviour bond
• Community service order
• Section 12 – Suspended sentence
• Intensive correction order
• Home detention
• Prison sentence