疑忽驾驶造成严重身体伤害

Negligent Driving Occasioning Grievous Bodily Harm (GBH) is a serious traffic offence in New South Wales governed by Section 117(1) of the Road Transport Act 2013 (NSW). It applies when a person drives a motor vehicle in a way that falls below the standard expected of a reasonable driver, and their negligent driving causes serious injury (grievous bodily harm) to another person. While it does not require intentional harm, it carries significant legal consequences due to the severity of injury caused.

The offences of negligent driving causing death and negligent driving causing grievous bodily harm are considered more serious than simple negligent driving. You may face these charges if your negligent driving leads to the death or serious injury of another person.

• ‍Grievous bodily harm (GBH) refers to severe or permanent injuries, which can include broken bones, burns, or significant scarring.

• Negligent driving happens when a person operates a motor vehicle without exercising the level of care that a reasonable and prudent driver would in similar circumstances.

Relevant Factors

When determining whether negligent driving has occurred, the court will take into account all relevant factors surrounding the incident, including:

• The condition and state of the road
• The volume and flow of traffic at the time
• Any hazards present on the road, such as disabled vehicles, emergency responders, or debris

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

• The accused was driving a motor vehicle on a road or road-related area.
• The driving was negligent, meaning the accused failed to exercise the standard of care that a reasonable driver would under the same circumstances. This could include distracted driving, speeding, failing to keep proper lookout, or disregarding traffic rules.
• The negligent driving caused grievous bodily harm to another person. The injury must be serious, such as broken bones, deep wounds, or permanent disability.
• There is a link between negligent driving and the injury sustained.

It is important to note the prosecution does not need to prove intent, only negligence and causation.

Being charged with negligent driving causing serious injury or death is serious, but there are several legal defence that may apply depending on the facts of the case. Some common defence include:

• Lack of negligence
  The prosecution must prove that your driving fell below the standard expected of a reasonable driver. You can argue that you exercised the proper care and attention, and that the incident was caused by factors beyond your control or due to the actions of another party.

• Causation
  It must be shown that your negligent driving directly caused the injury or death. If you can prove the harm was caused by an unrelated event, such as a pre-existing medical condition, another driver’s actions, or unforeseeable circumstances, you may avoid liability.

• Sudden Medical Emergency
  If you experienced an unexpected medical condition (like a seizure, heart attack, or stroke) while driving, which made you lose control of the vehicle, this can be a defence if it was unforeseeable and unavoidable.

• Mistaken Identity
  In rare cases, the accused may not have been the driver responsible for the incident. Proving mistaken identity or lack of evidence that you were driving can be a valid defence.

• Mechanical Failure
  In even rarer cases, the vehicle suffered a sudden mechanical fault that caused the accident, and you had no reasonable way to anticipate or prevent it, this may reduce or eliminate your liability.

However, it is immensely important to note that each case is unique, so it’s important to consult with an experienced lawyer who can assess the evidence and advise on the most appropriate defence strategy for your situation.

Negligent driving occasioning grievous bodily harm carries serious penalties under NSW law. The court will consider factors such as the seriousness of the injury, the level of negligence, whether alcohol or drugs were involved, and the offender’s driving history.