There are different classes of negligent driving offences depending on the seriousness of the offence. Depending on the class of the negligent driving offence, the penalties that the Court may impose range from a fine to a term of imprisonment (additional to licence disqualification).
The penalties associated with the offence of Reckless & Negligent Driving depend on the seriousness of the charged offence. For example, where negligent or reckless driving has caused a minor accident, the penalty may be a fine and loss of demerit points. However, negligent or reckless driving causing grievous bodily harm or death will involve the imposition of severe penalties such as serving a term of imprisonment.
Outlined in the table below are the penalties for the more serious offence of Negligent Driving Occasioning Grievous Bodily Harm:
Negligent Driving Occasioning GBH (Grievous Bodily Harm)
PENALTIES FIRST OFFENCE SECOND OR SUBSEQUENT OFFENCE Maximum court imposed fine $2,200 $3,300 Maximum gaol term 9 months 12 months Minimum disqualification 12 months 2 years Maximum disqualification Unlimited Unlimited Disqualification in the absence of a specific court order (automatic period) 3 years 5 years
Negligent Driving Occasioning Death
PENALTIES FIRST OFFENCE SECOND OR SUBSEQUENT OFFENCE Maximum court imposed fine $3,300 $5,500 Maximum gaol term 18 months 2 years Minimum disqualification 12 months 2 years Maximum disqualification Unlimited Unlimited Disqualification in the absence of a specific court order (automatic period) 3 years 5 years
- Duress: being forced to offend through actual threats of violence incited towards you, your friends or members of your family.
- Necessity: exceptional circumstances that cause you to engage in offending conduct.
- Mitigating circumstances: certain events that led up to or caused the incident.
- Legal technicalities.
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