Negligent Driving Occasioning Grievous Bodily Harm/Death

What is the charge of negligent driving?

You will be charged with this offence if you:

  1. Drove a motor vehicle on a road or road related area; and
  2. Drove the vehicle negligently, causing a person to suffer grievous bodily harm/death

The definition of ‘negligent driving’ can be a complicated one. Generally, negligent driving is failing to drive at a standard that an ordinary prudent driver would.

It can be quite difficult for the prosecution to prove who was at fault in the accident, or whether you were driving negligently. Our lawyers often use the services of crash investigation experts to analyse the scene of the accident and perhaps assist our client in their defence against these charges.


What are the Penalties for Negligent Driving Occasioning GBH?


The maximum penalty for the offence of negligent driving causing grievous bodily harm is a fine of $2200.00 or imprisonment for 9 months or both (for a first offence). The mandatory period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving. To find out more about a section 10, click here.

For a second or subsequent offence, the maximum penalty is a fine of $3300.00 or imprisonment for 12 months, or both. The mandatory period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving. To find out more about a section 10, click here.

Depending on your traffic record, the likely penalties can range from a section 10 to a period of full time imprisonment.

The maximum penalty for the offence of dangerous driving causing death is a fine of $3300.00 or imprisonment for 18 months or both (for a first offence). The minimum period of disqualification is 12 months, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving. To find out more about a section 10, click here.

For a second or subsequent offence the maximum penalty is a fine of $5500.00 or imprisonment for 2 years or both. The minimum period of disqualification is 2 years, unless the court decides to deal with the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving. Click here to find out more about section 10.

Depending on your traffic record, the likely penalties can range from a section 10 to a period of full time imprisonment.


Generally, penalties that a court can impose for any criminal offence in NSW are:

Case Study - Negligent Driving Occasioning Death
Our client was charged with Negligent Driving Occasioning Death.

It was a tragic accident, involving our client’s car and a motorised pushbike. Our client pleaded not guilty, saying that the accident was not her fault, and that the bike had appeared coming from the footpath, onto the road and not giving way.

The police alleged that the pushbike came from the road, travelling close to the gutter before the accident.

Our committed traffic lawyer attended the scene of the accident, took photos, and did his own measurements and analysis of the crash scene.

He took additional photos of the roadway that the police had not taken, which included close-ups of the markings on the road which suggested the point/place of impact.

The hearing proceeded at Fairfield Local Court, before Magistrate Coombes. Using evidence collected by our solicitor, we were able to disprove the police alleged version.

The magistrate could simply not find beyond reasonable doubt, based on the markings on the road, where the motorised pushbike came from.

The charge were dismissed.

Case Study - Negligent Driving Occasioning Grievous Bodily Harm
Our client was charged with negligent driving occasioning grievous bodily harm. It was alleged that our client had driven through an intersection without giving way to a motorcycle.

As a result the motorcycle collided with our clients’ vehicle. The victim suffered a number of injuries including abrasions and soft tissue injuries.

One of our solicitors was of the view that the injuries suffered by the victim did not amount to grievous bodily harm.

Our solicitor made representation to the police that our client will plead guilty to an amended charge of negligent driving which attracts lesser penalties.

On the day of the Hearing at Waverly Local Court, after extensive negotiations between the parties, the prosecutor agreed to amend the charge to only negligent driving.

Our client pleaded guilty to negligent driving and was placed on a Section 10 good behaviour bond. This meant that a criminal conviction was not recorded providing our client complies with the bond for 12 months.

An excellent result for our client who remains without a criminal record.