What is fail to stop and assist?
If you fail to stop and assist after an accident, you may be either charged under:
- s 146 of the Road Transport Act 2013, or
- s 52AB of the Crimes Act 1900
Note: s 52AB of the Crimes Act 1900 is the more serious charge.
s 146 of the Road Transport Act 2013 provides that:
(1) A person is guilty of an offence if:
- a vehicle or horse being driven or ridden by the person on a road is involved in an impact occasioning the death of, or injury to, another person, and
- the person knows, or ought reasonably to know, that the vehicle or horse has been involved in an impact occasioning injury to another person, and
- the person fails to stop and give any assistance that may be necessary and that it is in the person’s power to give.
The maximum penalty is:
- 18 months imprisonment or 30 penalty units both (for a first offence) or
- 2 years imprisonment or 50 penalty units (for a second or subsequent offence).
Section 146(2) lists the broad circumstances that constitute an ‘impact’,
Note that these are the maximum penalties, but the court has other sentencing options available if you plead or are found guilty of this offence.
s 52AB of the Crimes Act 1900 provides that:
(1) A person is guilty of an offence if–
- a vehicle being driven by the person is involved in an impact occasioning the death of another person, and
- the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and
- the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.
The maximum penalty for this offence is imprisonment for 10 years.
(2) A person is guilty of an offence if–
- a vehicle being driven by the person is involved in an impact occasioning grievous bodily harm to another person, and
- the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and
- the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.
The maximum penalty for this offence is imprisonment for 7 years.
s 52A (5) and (6) lists the broad circumstances that constitute an ‘impact’, while (7) notes circumstances of aggravation and (8) lists ‘defences’ which may be argued as mitigating factors.
Note that these are the maximum penalties, but the court has other sentencing options available if you plead or are found guilty of this offence.
What are my options?
Plead Guilty
This option is recommended where you accept that:
- you drove a vehicle on the road, and
- the vehicle was involved in impact that occasioned injury, grievous bodily harm or death to another person, and
- you knew or reasonably ought to have known that the vehicle has been involved in an impact occasioning injury, grievous bodily harm or death to another person, and
- you failed to stop and give any assistance when it was in your power to do so.
If all of the above criteria cannot be met, we will not be advising you to plead guilty.
What possible outcomes exist when pleading guilty?
- A non-conviction via a section 10 – asking the court for leniency
- Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
- a fine or a penalty.
- a loss of any demerit points
- a conviction
- Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
Note: Due to the seriousness of this charge, this outcome is extremely unlikely.
- Conditional release order “CRO”
- This is usually subject to a period of good behaviour.
- If an offence is committed during the period of the order, a court may resentence you for the offence committed.
- Community Corrections Orders (“CCO”)
- An example of a CCO is performing service within the community.
- Intensive Corrections Order (“ICO”)
- This is where a term of imprisonment can be served in the community.
- Full-time imprisonment
- Served in a correctional facility.
What factors influence what happens in court?
- Aggravating factors (EG. Other people in the car, speed.)
- Mitigating factors (EG. your personal or factual circumstances.)
- Your criminal history
- Your traffic history
- Whether you have completed the Traffic Offenders Intervention Program
Plead Not Guilty
Possible defences are:
- Duress – you were coerced against your will to keep driving.
- Necessity – you kept driving to avoid a greater harm from occurring.
- It was not your vehicle that caused an impact.
- An intervening event caused an impact.
- It is accepted that you were not reasonably aware of any impact.
- You were not the driver of the vehicle.
- An injury prevented you from rendering assistance.
- You did offer as much assistance as reasonably possible.
We can negotiate with police to attempt to have the charge against you withdrawn, or replaced with a less serious charge, thereby avoiding a hearing if possible.
Let us help. Get in Touch.
Appointments can be conducted via:
- zoom,
- phone or
- face-to-face at our office.
World Square
Level 45, 680 George Street,
SYDNEY NSW 2000.
P: (02) 9145 1262 or 0407 122 230
By appointment only