Serious Driving Offences

In New South Wales, there are various driving offences that are severe in nature. The maximum penalties for these offences vary depending on the nature of the offence and the contributing circumstances. 

Dangerous Driving Occasioning Death

The offence of Dangerous Driving Occasioning Death is set out in Section 52A(1) and 52A(2) (circumstances of aggravation) of the Crimes Act 1900 (NSW) and occurs when someone is driving and causes the death of another person, and at the time, they were driving intoxicated, driving at a dangerous speed or driving in a dangerous manner. 

The maximum penalty for this offence is 10 years imprisonment.  If the offence occurs under circumstances of aggravation, the maximum penalty is 14 years imprisonment. This offence also carries an automatic 3-year licence disqualification period, with a minimum period of 12 months and a 5-year licence disqualification period in circumstances of aggravation.

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Dangerous Driving Causing Grievous Bodily Harm

The offence of Dangerous Driving Causing Grievous Bodily Harm is set out in Section 52A(3) and 52A(4) (circumstances of aggravation) of the Crimes Act 1900 (NSW) and occurs when someone’s driving causes another person to sustain a serious bodily injury. 

The maximum penalty for this offence is 7 years imprisonment. If the offence occurs under circumstances of aggravation, the maximum penalty is 11 years imprisonment. This offence also carries an automatic 3-year licence disqualification period, with a minimum period of 12 months and a 5 year licence disqualification period in circumstances of aggravation.  

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Negligent Driving Causing Death

The offence of Negligent Driving Causing Death is set out in Section 117(1)(a) of the Road Transport Act 2013 and occurs when someone operates a vehicle without the care and attention reasonably expected of a competent driver, and this negligence causes the death of another person.

The maximum penalties for this offence are 18 months imprisonment and/or a fine of $3,300 for a first offence and an automatic licence disqualification period of 3 years and a minimum licence disqualification period of 12 months. For a second or subsequent offence, the maximum penalties are 2 years imprisonment and/or a fine of $5,500 and an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years.

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Negligent Driving Causing Grievous Bodily Harm

The offence of Negligent Driving Causing Grievous Bodily Harm is set out in Section 117(1)(b) of the Road Transport Act 2013 and occurs when someone operates a vehicle without the care and attention reasonably expected of a competent driver, and this negligence causes serious bodily injury to another person.

The maximum penalties for this offence are 9 months imprisonment and/or a fine of $2,200 for a first offence and an automatic licence disqualification period of 3 years and a minimum licence disqualification period of 12 months. For a second or subsequent offence, the maximum penalties are 12 months imprisonment and/or a fine of $3,300 and an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years.

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Drive in a Manner Dangerous

The offence of Drive in a Manner Dangerous is set out in Section 117(2) of the Road Transport Act 2013 and occurs when someone drives a motor vehicle on a road in a manner that is dangerous to the public. 

The maximum penalties for this offence are 9 months imprisonment and/or a fine of $2,200 for a first offence and an automatic licence disqualification period of 3 years and a minimum licence disqualification period of 12 months. For a second or subsequent offence, the maximum penalties are 12 months imprisonment and/or a fine of $3,300 and an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years.

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Menacing Driving

The offence of Menacing Driving is set out in Section 118(1) of the Road Transport Act 2013 and occurs when someone drives a motor vehicle on a road in a manner that menaces another person, with the intention of menacing that other person.

The maximum penalties for this offence are 18 months imprisonment and/or a fine of $3,300 for a first offence and an automatic licence disqualification period of 3 years and a minimum licence disqualification period of 12 months. For a second or subsequent offence, the maximum penalties are 2 years imprisonment and/or a fine of $5,500 and an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years.

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