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.

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