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Negligent Driving - El Baba Lawyers

Negligent Driving

Elements

For an individual to be convicted of negligent driving, the prosecution must prove two elements beyond a reasonable doubt:

  1. That the individual was driving a vehicle;
  2. That the individual was not exercising ‘the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances’.

Where the prosecution aims to charge an individual negligent driving occasioning grievous bodily harm, they must prove that the individual driving caused really serious harm to another beyond a reasonable doubt.

Similarly, for an individual to be charged with negligent driving occasioning death, the prosecution must prove that the individual driving caused the death of another. 

Penalties

If found guilty, the following penalties may apply. Much like other driving offences, the penalties vary in severity depending on whether the offence was a repeat offence.

Statutory ProvisionOffenceMaximum Penalty
S 117(1)(c) Road Transport Act 2013Negligent driving A fine of $1,100. The court may also choose to disqualify the individual from driving for 12 months.
S 117(1)(b) Road Transport Act 2013Negligent driving occasioning grievous bodily harmFirst offence: A fine of $2,200 and/or 9 months imprisonment. The ‘automatic’ period of disqualification is 3 years, but the court can reduce this to a minimum disqualification period of 12 months. However, the maximum disqualification is unlimited.Second or subsequent offence: A fine of $3,300 and/or 12 months imprisonment. The ‘automatic’ period of disqualification is 5 years, but the court can reduce this to a minimum disqualification period of 2 years. The maximum disqualification is unlimited.
S 117(1)(a) Road Transport Act 2013Negligent driving occasioning deathFirst offence: A fine of $3,300 and/or 18 months imprisonment. The ‘automatic’ period of disqualification is 3 years, but the court can reduce this to a minimum disqualification period of 12 months. The maximum disqualification is unlimited.Second/subsequent offence: A fine of $5,500 and/or 2 years imprisonment. The ‘automatic’ period of disqualification is 5 years, but the court can reduce this to a minimum disqualification period of 2 years. The maximum disqualification is unlimited.

Alternative penalties that the court can impose also include: