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Negligent Driving Occasioning Death
The Law - Negligent Driving Causing Death
Section 42 Road Transport (Safety and Traffic Management) Act(1) A person must not drive a motor vehicle negligently on a road or road related area.
Maximum Penalty - Negligent Driving Causing Death
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) or a fine of $5500.00 or imprisonment for 2 years or both (for a second or subsequent offence),What the Police must prove - Negligent Driving Causing Death
In order for the Police to prove the offence of Negligent driving causing death, they must prove each of the following matters beyond a reasonable doubt.
1. The accused drove
2. A motor vehicle
3. On a road or road related area
4. The driving of the accused caused the death of a person.
Possible Defences - Negligent Driving causing Death
Possible defences to this offence include but are not limited to
1. Duress
2. Necessity
What court is likely to hear the matter
This matter is a summary offence and will be dealt with in the Local Court.
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