What is the charge of negligent driving?
You will be charged with this offence if you:
- Drove a motor vehicle on a road or road related area; and
- Drove the vehicle negligently, causing a person to suffer grievous bodily harm/death
The definition of ‘negligent driving’ can be a complicated one. Generally, negligent driving is failing to drive at a standard that an ordinary prudent driver would.
It can be quite difficult for the prosecution to prove who was at fault in the accident, or whether you were driving negligently. Our lawyers often use the services of crash investigation experts to analyse the scene of the accident and perhaps assist our client in their defence against these charges.
What are the Penalties for Negligent Driving Occasioning GBH?
The maximum penalty for the offence of negligent driving causing grievous bodily harm is a fine of $2200.00 or imprisonment for 9 months or both (for a first offence). The mandatory period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving. To find out more about a section 10, click here.
For a second or subsequent offence, the maximum penalty is a fine of $3300.00 or imprisonment for 12 months, or both. The mandatory period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
Depending on your traffic record, the likely penalties can range from a section 10 to a period of full time imprisonment.
The maximum penalty for the offence of dangerous driving causing death is a fine of $3300.00 or imprisonment for 18 months or both (for a first offence). The minimum period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
For a second or subsequent offence the maximum penalty is a fine of $5500.00 or imprisonment for 2 years or both. The minimum period of disqualification is 2 years, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
Depending on your traffic record, the likely penalties can range from a section 10 to a period of full time imprisonment.
Generally, penalties that a court can impose for any criminal offence in NSW are:
