Is negligent driving a criminal Offence NSW?
Negligent driving occasioning GBH or death are both very serious charges that carry with them maximum penalties of 9 months and 18 months imprisonment respectively. These charges carry with them the likelihood of a criminal conviction and lengthy loss of licence together with other penalties.
What is classed as negligent driving?
“a, ‘person must not drive a motor vehicle on a road negligently’.” Negligent driving is defined as, “driving without the standard of due care and attention reasonably expected of the ordinary prudent driver”.
What are the elements of grievous bodily harm?
To be found guilty of recklessly causing grievous bodily harm, the Prosecution must prove the following elements beyond a reasonable doubt:
- The accused person caused grievous bodily harm to another person; and.
- The accused person was reckless as to causing actual bodily harm to that person or any other person.
What is the fine for negligent driving in NSW?
In NSW, there are three main charges of negligent driving: Negligent driving not occasioning death or GBH. This carries a maximum fine of up to $2,200 dollars for a first offence, $3,300 dollars for a second or third offence.
What is a negligent driving charge?
Negligent or dangerous driving means driving without the due care and attention reasonably expected of a driver. It puts you, other drivers and the public at risk, and can result in serious injury or death.
Is negligent driving a criminal offense?
This offence is committed where a driver is alleged to have been negligent and, as a result of the driver’s negligence, grievous bodily harm has been caused to another person. Even for a first time offender, the most likely result is a criminal conviction.
What is classed as driving without due care?
What is driving without due care and attention? Driving without due care and attention, or careless driving, is defined under law as; Driving that falls below the standard expected of a competent driver; or. Driving that does not show reasonable consideration for other persons using the road or pathways.
What happens if you are charged with grievous bodily harm?
Common assault sentencing guidelines state that the maximum sentence for this particular crime is 26 months in prison. If a person is found guilty of ABH, they may face anything up to a 5-year custodial term, while perpetrators of GBH may be sentenced to life in prison depending on the circumstances of their offence.
Is a fracture grievous bodily harm?
Injuries which have been considered actual bodily harm have include bleeding from the head, serious bruising and abrasions. Those considered as grievous include a fractured right arm, “glassing” of the face that’s required stitches, and a gaping wound to the throat requiring stitching.
Is negligent driving a criminal offence?
Negligent Driving Occasioning Grievous Bodily Harm (GBH) Even for a first time offender, the most likely result is a criminal conviction. Upon conviction, just like for most drink driving offences, a licence disqualification is mandatory.
Is negligent driving the same as reckless driving?
A negligent driver, however, does not reach the level of recklessness. A reckless driver is one that behaves with a wanton disregard for others’ safety. If a driver was simply careless behind the wheel, he or she may be negligent. If the driver had a willful or wanton disregard for safety, it is reckless driving.
Is negligent driving a crime?
Negligent driving, where no harm is caused, is not a serious offence as the only penalty that can be imposed is a fine. Negligent driving where grievous bodily harm or death is caused is a serious offence.
What’s the maximum penalty for negligent driving causing grievous bodily harm?
You can read about all the sentencing options that a court has, including having no conviction recorded. 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.
What is the offence of negligent driving in NSW?
It is an offence under section 117 of the Roads Transport Act 2013 (NSW) to negligently drive a motor vehicle. If the negligent driving results in grievous bodily harm, the penalties for this offence are more serious. ‘Grievous bodily harm’ includes any permanent or serious disfigurement.
What happens if you are charged with negligent driving?
Negligent driving where grievous bodily harm or death is caused is a serious offence. You can be sentenced to imprisonment and your licence will be automatically disqualified. How do I defend a charge of negligent driving?
Which is more serious, negligent driving or causing death?
The offences of negligent driving causing death and negligent driving causing grievous bodily harm are more serious than the offence of negligent driving. You may be charged with one of these offences if your negligent driving results in the death or grievous bodily harm of another person.