Furious Driving Causing Injury

In New South Wales, it is an offence to drive in a manner, pace or speed which causes bodily to another person. The way in which the manner may be constituted as ‘furious’ is when the driving causes risk to another due to the speed in which the motor vehicle is driving or the way in which the car is being maneuvered, such as swerving or driving into other motor vehicles.

The maximum penalty for this offence is 2 years imprisonment.

The automatic licence disqualification period 3 years with a minimum licence disqualification period of 12 months (for a first offence) or an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years (for a second or subsequent offence within 5 years of the previous offence).

What is Furious Driving?

The offence of Furious Driving is regulated under Section 53 of the Crimes Act 1900 (NSW) which states:

Whosoever, being at the time on horseback, or in charge of any carriage or other vehicle, by wanton or furious riding, or driving, or racing, or other misconduct, or by willful neglect, does or causes to be done to any person any bodily harm, shall be liable to imprisonment for two years.

The following act might constitute Furious Driving: 

• You are driving and breaking sharply before accelerating and swerving over the road, hitting another car, causing the driver to endure cuts.
• Driving your car around in circles whilst speeding and getting too close to parked cars, causing a pedestrian to fall down and bruise themselves.

What must be proven?

For a person to be found guilty of Furious Driving, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were driving a motor vehicle on a public road;
• That you were driving in a manner which was furious and dangerous to the public;
• That your driving caused bodily harm to another person.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This is a Table 1 offence which means the offence will be finalised in the Local Court unless the prosecution or person charged elects to have the matter finalised in the District Court.

Possible Defences for Furious Driving

The following defences may be available for a Furious Driving charge:

• That you were not driving the car.
• That the manner in which you were driving was not furious in nature.
• That you did not cause bodily harm to another person.
• Duress.

Common Questions about Furious Driving

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible.

A Court can impose any of the following penalties for a Furious Driving charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this. 

What if I had to drive in that manner due to an emergency?

Please contact us at Armstrong Legal to assist you with this, as a possible defence of this nature needs to be discussed with a solicitor as it is important we obtain relevant medical documents/material to corroborate this. 

What if I did not intend to cause injury to another person?

Intention is of less relevance with respect to this offence as it does not change the fact that your furious driving caused bodily harm to another, which are actions that constitute this offence. 

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