Negligent Driving Occasioning Death

In New South Wales, it is an offence to drive negligently occasioning death. The maximum penalties for this offence are 18 months imprisonment and/or a fine of $3,300 for a first offence and an automatic licence disqualification period of 3 years and a minimum licence disqualification period of 12 months. For a second or subsequent offence, the maximum penalties are 2 years imprisonment and/or a fine of $5,500 and an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years.

What is Negligent Driving Occasioning Death?

The offence of Negligent Driving occasioning Death is set out in Section 117(1)(a) of the Road Transport Act 2013 (NSW) which states:

1. A person must not drive a motor vehicle on a road negligently.
2. If the driving occasions death - 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

The following acts might constitute Negligent Driving Occasioning Death:

• Tailgating another vehicle causing the other person to crash and die.
• Failing to give way at an intersection and hitting a pedestrian, causing them to die at the scene or die later in hospital.

What must be proven?

For a person to be found guilty of Negligent Driving occasioning Death, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You were driving a motor vehicle;
• You were driving in a negligent manner;
• Your driving caused the death of another person.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Negligent Driving Occasioning Death

The following defences may be available for a Negligent Driving Occasioning Death charge:

• No negligence occurred (e.g. your driving was reasonable under the circumstances at the time).
• Your driving did not directly cause the death of another person.
• A medical episode suddenly occurred at the time of the negligent driving which was out of your control (e.g. epileptic episode).
• Duress.

Common Questions about Negligent Driving

1. Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely.

A Court can impose any of the following penalties for a Negligent Driving Occasioning Grievous Bodily Harm charge:

• Gaol Sentence 
• Intensive Corrections Order (ICO) 
• Community Corrections Orders (CCO) 
• Conditional Release Order with conviction (CRO) 
• Fine 
• Conditional Release Order without conviction (CRO) 
• S10A 
• Section 10  

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this.

2. Will I go to Gaol for this offence?

Offences of this nature may attract a term of imprisonment if convicted, whether it be a full time custody sentence or a custody sentence served in the community (ICO).

To discuss the above options further, please reach out to us at Armstrong Legal.

3. What factors influence sentencing for this offence?

Whether you entered a plea of guilty at the earliest convenient occasion, the degree of negligence, your prior driving record and criminal history and whether you showed remorse, are some factors which influence sentencing.

4. Are there other types of Negligent Driving charges?

Yes, there is the lone charge of Negligent Driving and Negligent Driving occasioning Grievous Bodily Harm. If you have been charged with any specification of Negligent Driving, please reach out to Armstrong Legal for assistance as these are serious offences.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.