Negligent Driving Occasioning Grievous Bodily Harm
In New South Wales, it is an offence to drive negligently occasioning grievous bodily harm. The maximum penalties for this offence are 9 months imprisonment and/or a fine of $2,200 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 12 months imprisonment and/or a fine of $3,300 and an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years.
What is Negligent Driving Occasioning Grievous Bodily Harm?
The offence of Negligent Driving is set out in Section 117(1)(b) of the Road Transport Act 2013 (NSW) which states:
- A person must not drive a motor vehicle on a road negligently.
- If the driving occasions grievous bodily harm - 20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).
The following acts might constitute Negligent Driving Occasioning Grievous Bodily Harm:
- Tailgating another vehicle causing the other person to crash and break a bone.
- Failing to give way at an intersection and hitting a pedestrian, causing them to injure their lungs on impact.
What must be proven?
For a person to be found guilty of Negligent Driving, 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 grievous bodily harm to 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 Grievous Bodily Harm
The following defences may be available for a Negligent Driving Occasioning Grievous Bodily Harm charge:
- No negligence occurred (e.g. your driving was reasonable under the circumstances at the time)
- The injury sustained on the other person did not amount to grievous bodily harm
- Duress
Common Questions about Negligent Driving
- Will I receive a criminal conviction?
A conviction and criminal record for this offence is possible.
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.
- 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.
- 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.
- Are there other types of Negligent Driving charges?
Yes, there is the lone charge of Negligent Driving, Negligent Driving occasioning Grievous Bodily Harm and Negligent Driving occasioning Death. 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.