What’s the issue in law? | Negligent driving (Road Transport Act s 117): driving below the standard of the ordinary prudent driver. Penalties increase if death or grievous bodily harm (GBH) results; there’s also a separate offence of driving furiously/recklessly/at a speed or in a manner dangerous (also in s 117). Dangerous driving causing death/GBH (Crimes Act s 52A): a more serious crime where a vehicle is involved in an impact causing death or GBH and the driver was under the influence, at a dangerous speed, or driving in a dangerous manner. Aggravated forms carry higher maximums. | What penalties could apply? | What are the maximum penalties? (First offence, NSW) - Negligent driving — no injury (s 117(1)(c))
Maximum fine: 10 penalty units ($1,100). - Negligent driving occasioning grievous bodily harm (s 117(1)(b))
Maximum: 20 penalty units ($2,200) and/or 9 months’ imprisonment. - Negligent driving occasioning death (s 117(1)(a))
Maximum: 30 penalty units ($3,300) and/or 18 months’ imprisonment. - “Dangerous” driving under the Road Transport Act — furious/reckless or at a speed/in a manner dangerous (s 117(2))
Maximum: 20 penalty units ($2,200) and/or 9 months’ imprisonment. Repeat offence note: Penalties increase for second or subsequent offences (e.g., higher fines and up to 12 months’ imprisonment for s 117(1)(b) and s 117(2); up to 2 years for s 117(1)(a)). | How can these charges be defended? | - Driving not negligent or not dangerous in the circumstances (road, traffic, hazards).
- No causal link between the driving and the injury/death (for GBH/death counts).
- Identification / reliability issues (CCTV, eyewitness, dash-cam, mechanical defect).
- Not under the influence / not dangerous speed or manner (for s 52A).
- Legal defences where available (necessity, duress, automatism).
| What must police prove? | Negligent driving (no injury): You drove on a road and your driving fell below the standard expected of a reasonable driver in the conditions (road, traffic, hazards). Negligent driving causing GBH/death: As above, plus that your negligence caused the GBH or death. Furious/reckless/speed/manner dangerous (s 117(2)): You drove on a road furiously or recklessly, or at a speed/in a manner dangerous to the public. Dangerous driving causing death/GBH (s 52A): - You drove a vehicle; 2) it was involved in an impact; 3) the impact caused death/GBH; and 4) at the time you were under the influence of alcohol/drug, at a dangerous speed, or driving in a dangerous manner. Aggravation includes, for example, very high speed or attempting to escape police.
| | Will I lose my licence? | For these major offences, the court starts with automatic disqualification and can vary down to a minimum: - First major offence: automatic 3 years, minimum 12 months.
- Second major offence (within 5 years): automatic 5 years, minimum 2 years.
- This applies to negligent driving causing death/GBH and to furious/reckless/speed/manner dangerous (s 117(2)).
Police can also suspend immediately for certain serious charges pending court. The Local Court can review that suspension only in exceptional circumstances. | Should I do the Traffic Offender Program? | The Traffic Offender Intervention Program (TOIP) is a Local Court-approved education program. On sentence, magistrates may consider successful completion and the certificate. For many clients it supports a better outcome. | Is there any benefit to an early guilty plea? | Yes. NSW law provides a sentencing discount for early pleas. In indictable matters (like s 52A), the statutory maximum discount is 25% if the plea is entered before committal; the discount reduces the later the plea. Early pleas are also recognised in summary matters. Get advice before deciding. | |
