疑忽驾驶造成死亡

Negligent driving causing death offence is governed by Section 117(1)(c) of the Road Transport Act 2013 (NSW). Unlike other driving offences that require deliberate or reckless conduct, negligent driving focuses on carelessness or inattention, even if unintentional.

What Is “Negligent Driving”?

Negligent driving refers to failing to exercise the level of care that a reasonable driver would under similar circumstances. This may include:

• Failing to keep a proper lookout
• Driving while fatigued
• Being distracted by a mobile phone
• Tailgating or failing to maintain a safe following distance
• Failing to obey traffic signals or signs

If such conduct results in a fatality, the charge becomes negligent driving occasioning death.

Aggravating Factors

When being charged with this offence, there may be subsequent aggravating factors that result in the range of severity of the negligence. The courts will consider things such as:

• Speeding was involved
• Alcohol or drugs were a factor
• High level of passenger or pedestrian vulnerability
• Prior offences or poor driving history

The more serious the negligence, the more likely the court is to impose harsher penalties, including imprisonment.

The accused was driving a motor vehicle

The prosecution must show that the person was in control of a vehicle on a road or road-related area at the relevant time.

The accused drove negligently

This is the central element. The prosecution must prove that the driver failed to exercise the standard of care and attention that a reasonable person would have exercised in the same circumstances. Negligence may involve:

• Failing to keep a proper lookout
• Driving while distracted (e.g., by a phone)
• Tailgating
• Failing to give way
• Driving while fatigued
• Disobeying traffic signs or rules

The negligent driving caused the death of another person

There must be a causal link between negligent driving and the fatality. It’s not enough that the driver was negligent and someone died, the death must have resulted from the negligent act.

• The prosecution does not need to prove intent to harm or recklessness, only that the accused drove in a manner that fell below the reasonable standard expected of a competent driver, and that this negligence led to the fatality.

Defending a charge of negligent driving causing death can be complex, but may include:

• The death was not caused by the driving: The prosecution must prove a clear link between the driving and the death.
• The driving was not negligent: Evidence may show the driver took reasonable care, and the incident occurred due to another party or unforeseeable event.
• Medical emergency: The driver may have experienced a sudden medical condition (e.g., seizure, heart attack) beyond their control.
• Mistaken identity: In some rare cases, the identity of the driver may be disputed.

Expert reports, dashcam footage, and eyewitness accounts can be crucial in establishing a defence to be able to present the complete facts of the case.

Negligent driving causing death is a serious traffic offence under Section 117 of the Road Transport Act 2013 (NSW). It carries substantial penalties, even though it does not require intent to harm. Penalties depend on whether the offence is a first or subsequent offence.

• ‍Courts may vary disqualification periods but must impose at least the minimum unless exceptional circumstances exist.

Second or Subsequent Offence

A second or subsequent offence refers to a situation where the person has previously been convicted of negligent driving or another major traffic offence, such as drink driving, within the last five years. This prior conviction increases the seriousness of the current offence and can lead to harsher penalties.