Negligent Driving Causing Death or Grievous Bodily Harm

 

If you are involved in a car accident which results in the death or serious injury of another person, you may find yourself facing charges of negligent or dangerous driving causing death or grievous bodily harm.
The Road Transport Act NSW defines grievous bodily harm as any permanent or serious disfigurement which includes injuries such as severe burns, lost limb and loss of a body function.
The seriousness or severity of the injuries will determine whether you will be charged under this section.    You should seek legal advice from a criminal law specialist lawyer as the lawyer may be able to make representations to the NSW Police Service to seek a lesser the charge if the seriousness of the injury is ambiguous or not permanent.
The police bear the onus of proving beyond a reasonable doubt that ‎you drove a motor vehicle in a manner dangerous, or negligently in a manner that departs from the driving standard expected of an ordinary prudent motorist on the road.   The NSW court is also obliged to consider several factors including ‎the nature, condition and use of the road on which the accident happened;‎ the amount of traffic at the time; and any ‎obstructions or hazards on the road.
The maximum penalty for the offence of negligent driving causing grievous bodily harm is a fine of $2200.00 or imprisonment for 9 months or both (for a first offence). The mandatory period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
For a second or subsequent offence, the maximum penalty is a fine of $3300.00 or imprisonment for 12 months, or both. The mandatory period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
Depending on your traffic record, the likely penalties can range from a section 10 to a period of full time imprisonment.
The maximum penalty for the offence of dangerous driving causing death is a fine of $3300.00 or imprisonment for 18 months or both (for a first offence). The minimum period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
For a second or subsequent offence the maximum penalty is a fine of $5500.00 or imprisonment for 2 years or both. The minimum period of disqualification is 2 years, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
You should contact a criminal law specialist lawyer who can advise you about the likely sentence if guilty in your case.   Depending on your traffic record, the likely penalties can range from a section 10 to a period of full time imprisonment.
For further information and legal advice, Call Us now on 02 9708 6832 and book an initial consultation with one of our criminal lawyers
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