Failing to Stop and Assist After Impact Causing Injury

In New South Wales, it is an offence to fail to stop and assist after an accident in which injury was caused to another person. The maximum penalties for a first offence are a fine of $3,300 and/or 18 months imprisonment. The maximum penalties for a second offence (within 5 years) are a fine of $5,500 and/or 2 years imprisonment. This offence also carries an automatic 3-year licence disqualification period.

What is Failing to Stop and Assist after Impact Causing Injury?

The offence of Failing to Stop and Assist after Impact Causing Injury is set out in Section 146 of the Road Transport Act 2013 (NSW) which states:

1. A person is guilty of an offence if –

1. 1. A vehicle or horse being driven or ridden by the person on a road is involved in an impact occasioning the death of, or injury to, another person, and
   2. The person known, or ought reasonably to know, that the vehicle or horse has been involved in an impact occasioning injury to another person, and
   3. The person fails to stop and give any assistance that may be necessary and that it is in the person’s power to give.
2. The driver must also give the driver’s required particulars, within the required time, to a police officer if –
   1. 1. Anyone is killed or injured in the crash, or
      2. The driver does not, for any reason, given the driver’s required particulars to each person mentioned in subrule (2), or
      3. The required particulars for any other driver involved in the crash are not given to the driver, or
      4. A vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported), or
      5. The police officer asks for any of the required particulars.

What is ‘Impact’?

Pursuant to Section 146(2) of the Road Transport Act 2013 (NSW), the circumstances in which a vehicle is taken to be involved in/causing an ‘impact’ are as follows:

1. The vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),
2. An impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),
3. An impact between the person and the vehicle,
4. The impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact,
5. An impact with anything on, or attached to, the vehicle,
6. An impact with anything that is in motion through falling from the vehicle,
7. The person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle,
8. An impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle.

The following acts might constitute Failing to Stop and Assist after Impact Causing Injury:

• You ride a bicycle and run into a pedestrian causing them to fall over but you do not stop to provide assistance.
• You drive a car and hit another car causing visible impact and you do not stop to assist and to ensure the driver of the vehicle is not injured.

What must be proven?

For a person to be found guilty of Failing to Stop and Assist after Impact Causing Injury, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That there was an impact that caused death or injury, and
• You were the driver or rider of the vehicle involved in the accident, and
• You knew or ought to have known the other person was injured, and
• You failed to stop your vehicle, or
• You stopped your vehicle but did not provide assistance that was within your power to provide.

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 offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Failing to Stop and Assist after Impact Causing Injury

The following defences may be available for a Failing to Stop and Assist after Impact Causing Injury charge:

• That you were not the driver of the vehicle at the time of the incident;
• That you stopped the car and did everything within your knowledge and capability to assist the injured person;
• You could not have reasonably stopped the car due to the circumstances of the accident e.g. it was dangerous to stop the vehicle and to exit the vehicle.

Common Questions about Failing to Stop and Assist after Impact Causing Injury

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible, depending on the circumstances. 

A Court can impose any of the following penalties for a Failing to Stop and Assist after Impact Causing Injury 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 did not stop after causing an accident but I have not been contacted by Police yet?

Please contact Armstrong Legal immediately to obtain legal advice to assist you with this.

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