Negligent Driving Offences

Negligent driving occurs when a driver fails to exercise the appropriate level of care and attention on the road, resulting in harm or risk of harm to others and is a criminal offence pursuant to section 117(1) Road Transport Act 2013 (NSW).

What is Negligent?

Examples of negligent driving include failing to stop at a red light or stop sign, failing to keep a safe distance from other vehicles, not taking appropriate precautions in unsafe weather conditions, doing burnouts.

The legal test for negligent driving was set out in Director of Public Prosecutions v Yeo (2008) NSWCCA 953, which established that the Prosecution must prove that an accused person was not exercising the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.

What are the Penalties?

Negligent driving not causing death of grievous bodily harm can result in a penalty notice which carries 3 demerit points and a $481 fine. Otherwise, you can be charged with this offence, and the Court can impose a maximum fine of $1,100 and may disqualify an individual from driving for up to 12 months.

Negligent driving occasioning grievous bodily harm carries a maximum penalty of a fine of $2,200 and/or 9 months imprisonment if it is your first offence. The Court will automatically disqualify an individual for 3 years but can reduce that period to 12 months. These penalties increase to a fine of $3,300 and/or 12 months imprisonment should this be a second or subsequent offence. The automatic period of disqualification is 5 years, which can be reduced to 2 years.

Negligent driving occasioning death carries a maximum penalty of a fine of $3,300 and/or 18 months imprisonment if it is a first offence. The Court will automatically disqualify an individual for 3 years but can reduce that period to 12 months. These penalties increase to a fine of $5,500 and/or 2 years imprisonment should this be a second or subsequent offence. The automatic period of disqualification is 5 years, which can be reduced to 2 years.

What are the Defences?

The following are the legal defences against a charge pursuant to section 117(1) of the Road Transport Act 2013 (NSW):

• Necessity: The accused’s driving was necessary to avoid a greater harm. For example, if the accused swerved to avoid hitting a pedestrian, they may be able to argue that their driving was necessary to avoid causing death or serious injury.
• Duress: The accused was acting under the threat of immediate and serious harm to themselves or another person. For example, if the accused was forced to drive recklessly by an armed hijacker, they may be able to argue that they were acting under duress.
• Automatism: The accused was not in control of their actions at the time of the offence. For example, if the accused was suffering from a medical condition that caused them to lose consciousness, they may be able to argue that they were acting in automatism.
• Honest and reasonable mistake: The accused made an honest and reasonable mistake about the circumstances of their driving. For example, if the accused was driving on a dark road and they mistook a rock for a pedestrian, they may be able to argue that they made an honest and reasonable mistake.
  
  

In addition to these general defences, there is also a specific defence to section 117(1) of the Road Transport Act 2013 (NSW), which is that the accused did not drive negligently. This means that the accused must not have fallen below the standard of care that a reasonable driver would have exercised in the same circumstances.

It is important to note that the burden of proof lies with the prosecution to prove that the accused is guilty of the offence beyond a reasonable doubt. If the accused raises a defence that casts a reasonable doubt on their guilt, then the accused must be acquitted.

Why Jackson John?

If you have been charged with an offence negligent driving, it is important to seek legal advice from our team of experienced criminal defence lawyers at Jackson John. We can help you to understand your legal rights and options, and build a strong defence on your behalf.