Negligent Driving Causing / Occasioning Death or Grievous Bodily Harm

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Negligent Driving Causing / Occasioning Death / Grievous Bodily Harm

What is Negligent Driving Causing / Occasioning Death or Grievous Bodily Harm?

If you’re involved in an accident which results in the death or serious injury of another person, you could find yourself facing charges of negligent driving causing / occasioning death or grievous bodily harm.

According to the Road Transport Act 2013, grievous bodily harm includes any permanent or serious disfigurement, such as a lost limb, burns, scarring or broken bones.

If you are charged, you may be arrested and held in custody. Or, if the nature of your offence is considered less serious, you may be required to attend court at a later date.

What are the penalties for negligent driving causing death?

Potential penalties for negligent driving causing death in NSW are severe and include:

First major offence within 5 years

Maximum fine

$3,300

Minimum disqualification

12 months

Automatic disqualification

3 years

Maximum prison sentence

18 months

Second major offence within 5 years

Maximum fine

$5,500

Minimum disqualification

2 years 

Automatic disqualification

5 years

Maximum prison sentence

2 years

For negligent driving causing grievous bodily harm in NSW, the maximum fine is $2,200 for the first offence and $3,300 for the second offence, and the maximum jail term is nine months and 12 months respectively. The disqualification periods are the same.

How severe is the charge against you?

Negligent driving, whether causing death or grievous bodily harm, is a particularly serious charge for obvious reasons. At sentencing, the court will take into account factors including the condition of the road, the amount of traffic and any other obstructions.

The serious nature of this offence is reflected in the relatively high fines and potential prison sentences. It is imperative that you seek legal advice as soon as possible after you have been charged with negligent driving causing death or GBH in NSW.

Traffic Offender Intervention Program

You may be able to reduce the sentence imposed on you by participating in the Traffic Offender Intervention Program. This course provides further education about various matters relating to traffic offences and the consequences of breaking the law.

More information about the Traffic Offender Intervention Program.

If you have been charged with either of these offences, there may be defences open to you. Contact one of our traffic lawyers in Sydney or Parramatta for advice.

Nyman Gibson Miralis has an accredited criminal law specialist and all of our criminal defence lawyers practice exclusively in criminal law. We have offices in Sydney and Parramatta and travel to courts all over NSW. Call 1800 NOT GUILTY for urgent legal advice. First conference free.

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