Negligent Driving

The Law

Section 117 of the Road Transport Act 2013 (NSW) provides that;
…a, ‘person must not drive a motor vehicle on a road negligently’.

What is driving “negligently”?

Negligent driving is defined as:
…driving without the standard of due care and attention reasonably expected of the ordinary prudent driver.

Section 117 (3) of the Road Transport Act 2013 provides that the Court must have regard to all the circumstances of the case in considering whether or not your driving was negligent, including the following:

• Circumstances about the road – e.g. its condition;
• The amount of traffic on or expected to have been on the road; and
• Any obstructions or hazards on the road (such as broken down or crashed vehicles, fallen loads and accident and emergency vehicles).

Jurisdiction / Case Law

The nature and elements of the offence of Negligent Driving were considered in Director of Public Prosecutions (NSW) v Yeo and Anor (2008) NSWSC 953 wherein it was said the offence or test for Negligent Driving essentially being established is;

….where it is proved beyond reasonable doubt that the accused person drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances.

What must the prosecution prove?

Since Negligent Driving Offences are criminal offences, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Negligent Driving not occasioning death or grievous bodily harm, the prosecution must prove each of the following matters beyond reasonable doubt:

• You failed to take proper care when you were driving your vehicle; and
• Police must also prove that you were driving the vehicle, and that it was being driven on a road or other related area.

Negligent Driving Occasioning Grievous Bodily Harm

To establish Negligent Driving occasioning grievous bodily harm, the prosecution must prove the above plus that:

• Grievous bodily harm occurred; and
• Police must also prove that grievous bodily harm occurred because of the negligence.

Grievous bodily harm (GBH) is bodily injury of a ‘really serious kind’. This includes any permanent or serious disfiguring of the person, broken bones, damage to internal organs or the destruction of the foetus of a pregnant woman.

Negligent Driving Occasioning Death

To establish Negligent Driving occasioning death, the prosecution must prove the above plus that:

• A person died as a result; and
• Police must also prove that death occurred because of the negligence.

If you are charged with the offence of Negligent Driving, what are your options?

National Criminal Lawyers have been successful in defending multiple Negligent Driving charges where the prosecution could not establish each of the elements. We have also achieved a number of non-convictions.

It is for that reason that National Criminal Lawyers are the top traffic solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with a Negligent Driving offence:

1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.