Negligent driving causing death

Negligent Driving is a traffic offence under section 117(1)(a) of the Road Transport Act 2013 (NSW). It occurs when a driver fails to take reasonable care while operating a vehicle, even if their actions do not cause injury or death. This is the least serious form of negligent driving, compared to:

• Negligent driving occasioning grievous bodily harm (GBH)
• Negligent driving occasioning death

Possibly. While there is no automatic disqualification for negligent driving not causing injury, a magistrate can:

• Disqualify your licence
• Issue a conditional discharge
• Impose a conviction with a fine and/or good behaviour bond

The outcome depends on the seriousness of the negligence and your driving history. This is a summary offence, and the court has discretion to record a conviction. If convicted, it can appear on your criminal record, which may affect employment or visa applications.

However, courts may choose to deal with the offence under section 10 of the Crimes (Sentencing Procedure) Act 1999 — dismissing the charge without recording a conviction, especially if:

• You have a clean driving history
• The negligence was minor
• You show remorse and have mitigating circumstances

Yes, but it is treated as a traffic offence, not an indictable crime. A conviction can still be recorded, which may have legal consequences, including affecting your:

• Driving privileges
• Employment (especially if driving-related)
• Travel to countries with strict entry requirements

While facing a Negligent Driving charge, your licence may be restricted or suspended, especially during bail or court proceedings.

Seeking legal advice promptly can help you understand if you are eligible for a temporary licence or other arrangements.

This offence occurs when a person drives a motor vehicle negligently, and that driving causes grievous bodily harm (GBH) to another person. It is covered under section 117(1)(b) of the Road Transport Act 2013 (NSW).

Negligence means a failure to take proper care while driving, falling below the standard expected of a reasonable driver. It does not require recklessness or intent, just carelessness or inattention.
Examples may include:

• Driving while fatigued or distracted (e.g., using a phone)
• Failing to give way or stop at a red light
• Not adjusting to road or weather conditions
• Speeding or tailgating

Yes. Jail time is a possible penalty, especially if the incident involved:

• Aggravating factors (e.g., high speed, alcohol or drug use)
• A history of poor driving
• Multiple victims or severe injury

However, imprisonment is not mandatory, and courts may impose alternative sentences like community correction orders or intensive corrections orders, depending on the circumstances.

• Yes. Dangerous Driving Occasioning GBH (under s52A of the Crimes Act 1900) is a more serious criminal offence, requiring proof of objectively dangerous driving and involving harsher penalties (including mandatory imprisonment).
• Negligent Driving Occasioning GBH is generally viewed as less severe and handled under the Road Transport Act.

Strong evidence is crucial in these cases. This may include:

• Photos or videos of the accident scene
• Witness statements
• Dashcam footage or GPS data from your vehicle
• Medical reports or expert opinions

These materials can help your lawyer demonstrate whether your driving met the standard of a reasonable driver or whether the injury was directly caused by your driving.

Negligent Driving Occasioning Death is a criminal traffic offence under section 117(1)(c) of the Road Transport Act 2013 (NSW). It occurs when a driver operates a vehicle negligently and, as a result, causes the death of another person.

"Negligent driving" refers to a failure to exercise the standard of care expected of a reasonable driver in the circumstances. It does not require intent or recklessness, only carelessness or inattention that falls below the standard of a competent driver.

Negligence may include:

• Failing to keep a proper lookout
• Driving too fast for the conditions
• Not giving way or failing to obey traffic signals
• Being distracted (e.g. by a mobile phone)

• Yes. Although jail is not mandatory, courts have the discretion to impose a custodial sentence, especially in more serious cases or where aggravating factors are present.
• Courts often consider general deterrence and the seriousness of the consequences.

• No. Dangerous Driving Occasioning Death (under s52A of the Crimes Act 1900) is a more serious criminal offence and involves driving that is objectively dangerous, not merely negligent. It also carries harsher penalties, including mandatory imprisonment. Negligent Driving Occasioning Death is seen as less serious but still a grave offence.

• Yes. Upon conviction, disqualification is automatic. However, the court may reduce the disqualification period to the legislated minimum depending on the circumstances.
• You may also be subject to an interlock order following the disqualification period, particularly if alcohol or drugs were involved.

• Yes. A conviction for this offence results in a criminal record, unless the court exercises its discretion under section 10 of the Crimes (Sentencing Procedure) Act 1999 to dismiss the charge without recording a conviction, which is rare in such serious cases.

Having an experienced traffic or criminal lawyer ensures that the accused understands their rights, the process, and the possible outcomes. Given the risk of imprisonment, licence disqualification, and long-term consequences of a conviction, getting legal advice early is vital to securing the best possible result.

• Contact Brightstone Defence Criminal Lawyers for immediate advice and support to protect your rights and explore the best defence strategy.