What is negligent driving?
The legal definition of negligent driving is:
“…where it is proved beyond reasonable doubt that the accused person drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances.”
Director of Public Prosecutions (NSW) v Yeo and Anor [2008] NSWSC 953
Section 117(1)(b) provides that a person must not drive in a negligent manner that occasions grievous bodily harm. (NB: Grievous bodily harm is defined as a ‘really serious injury’.)
What penalties exist for negligent driving occasioning grievous bodily harm?
If you are convicted of a section 117(1)(b) – negligent driving occasioning grievous bodily harm , the maximum penalty is:
- 20 penalty units ($2,200) or 9 months imprisonment or both for a first offence or;
- 30 penalty units ($3,300) or imprisonment for 12 months or both in the case of a repeat offence.
What are my options?
Plead Guilty
This option is recommended where you accept that:
- you drove a vehicle on the road or a road related area, and
- you failed to take the proper care expected of the ordinary prudent driver in the circumstances, and
- a person suffered grievous bodily harm as a result of your driving.
If all 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 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 include:
- Necessity – you drove in a negligent manner to avoid a greater harm from occurring. EG. Driving an injured person to hospital.
- An intervening event caused negligence leading to grievous harm.
- Injury was not caused by negligence.
- Duress – you were coerced against your will drive negligently.
- It was not your vehicle that was negligent.
- You were not the driver of the vehicle.
Section 117(3) of the Road Transport Act 2013 provides that the court must consider all of the circumstances below in determining whether an offence has been committed under this section:
- the nature, condition and use of the road on which the offence is alleged to have been committed,
- the amount of traffic on the road, or that which might reasonably be expected to be on the road,
- any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).
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