Negligent driving

If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.

Negligent driving not occasioning death or GBH is usually dealt with by way of infringement notice. The infringement notice carries with it three demerit points. It doesn’t have a mandatory period of disqualification, although the court can impose a 12-month disqualification period if believed to be appropriate.

Negligent driving occasioning grievous bodily harm carries a maximum of 9 months imprisonment for a first offence and up to 12 months for a second or subsequent offence. It also carries a fine of up to $2,200 for a first offence, and $3,300 for a second or subsequent offence. There is a minimum disqualification period of 12 months with this offence, which increases to two years for a second or subsequent offence.

Negligent driving occasioning death carries with it a maximum 18 months imprisonment for a first offence and two years for subsequent offences. The offence also carries a maximum fine of $3,300 for a first offence, rising to $5,500 for a second or subsequent offence. Upon conviction for negligent driving occasioning death there is also an automatic licence disqualification period of 3 years which in appropriate circumstances, the Court may reduce to the minimum period of 12 months.

Please note that the maximum penalties mentioned are reserved for the worse case offending.

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended thousands of people charged with Negligent Driving and are experts at these hearings.

Some of the possible defences available for those charged with Negligent Driving can include;

• Put the police to proof regarding the allegation of the manner of driving being negligent. E.g. Highlighting to the Court that the police have failed to prove that the manner of driving was so objectively dangerous that it amounts to ‘negligence.
• If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”.
• Mitigating circumstances: external events that led up to or caused the incident;
• Legal technicalities.; Or
• Reasonable mistake of fact – This is an honest mistake of fact based on reasonable grounds which renders conduct innocent that would otherwise have legal consequences.

The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green [2011] HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:

“Equal Justice” embodies the norm expressed in the terms “equality before the law”. It is an aspect of the rule of law.

For Negligent Driving offenders

• • 77% of offenders of Negligent driving not occasioning death or GBH received a fine
  • 34% of offenders of Negligent driving occasioning grievous bodily harm received a s9 Good behaviour bond whereas 29% received a fine
  • 49% offenders of Negligent driving occasioning death received a s9 Good behaviour bond

For second or subsequent offence

• • • 33% of offenders of Negligent driving occasioning grievous bodily harm received full time imprisonment whereas 33% received a fine
    • 100% offenders of Negligent driving occasioning death received an intensive corrections order (ICO)

In NSW, a court can impose any of the following penalties for a Negligent Driving charge.

• • • • Prison sentence
      • Home Detention
      • Intensive correction order (previously periodic detention)
      • Suspended sentence
      • Community service order (CSO)
      • Good behaviour bond
      • Fine; and/or
      • Section 10

However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:

• • • • Full time Imprisonment
      • New ICO (ICO) with a home detention condition available
      • New Community Correction Order (CCO)
      • Fine; and/or
      • New Conditional release Order (CRO)

Police withdrew proceedings for ‘negligent driving occasioning grievous bodily harm’ against our 21-year-old client from Parramatta after we made representations that the charge could not be sustained. The case involved our client, who was on his P Plates, allegedly failing to give way to another car at a roundabout and causing a collision, resulting in the driver sustaining a fractured leg and various other injuries. We argued successfully that the evidence suggested the other driver may have been travelling at excessive speed and thereby contributed to the collision. The charges were dropped, and our client kept his licence and remains conviction-free.