Fail to Stop and Give Assistance - Armstrong Legal Canberra

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This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Fail to Stop and Give Assistance


In certain situations, a person involved in a traffic accident is required to stop and provide assistance. It is an offence under section 16 of the Road Transport (Safety and Traffic Management) Act 1999 to knowingly fail to stop and provide assistance that is both necessary and within the person’s power to give in certain circumstances.

The obligation to stop and render assistance applies to a person if:

  1. They were a driver of a vehicle or a rider of an animal;
  2. That vehicle or animal was involved in a traffic accident on a road or road-related area; and
  3. The traffic accident resulted in a death or an injury.

For the purpose of this section, section 15 of the same Act defines a traffic accident as either:

  1. A collision between two or more vehicles or a vehicle and an animal; or
  2. Any other accident/incident involving a vehicle or animal where a person dies, is injured, property is damaged or an animal dies or is injured.

Penalties

The maximum penalty if you are convicted of failing to stop and give assistance is 200 penalty units and/or two years imprisonment.

Regardless of how bad an accused’s traffic record is, the court has a discretion as to whether to record a conviction. If the court decides not to record a conviction, they will not be disqualified from driving. Section 17 of the Crimes (Sentencing) Act 2005 allows a court that finds a person guilty of an offence the discretion not to impose a conviction against them.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal. 

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