The offence of negligent driving causing death is legislated by section 42 of the Road Transport (Safety and Traffic Management) Act (NSW). There are serious penalties if you are convicted of this offence.
Penalties for negligent driving causing death
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PENALTIES
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FIRST OFFENCE
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SECOND OR SUBSEQUENT OFFENCE
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Maximum court imposed fine
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$3,300
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$5,500
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Maximum gaol term
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18 months
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2 years
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Minimum disqualification
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12 months
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2 years
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Maximum disqualification
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Unlimited
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Unlimited
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Disqualification in the absence of a specific court order (automatic period)
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3 years
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5 years
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Defending the charge of negligent driving causing death
There are a number of defences available to this offence. If you are successful in defending the charge this means you are found not guilty and no conviction is recorded against you. Such defences include:
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Duress,
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Necessity,
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Challenging the legitimacy of the charge on legal technicalities.
How can Prime Lawyers help?
Our criminal and traffic lawyers have a wealth of experience and knowledge in these matters. If you are pleading guilty to one of these charges we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes.
If you wish to defend the charge our lawyers will carefully consider and investigate all aspects of your matter and if there are any flaws in the prosecutions case. We will advise you of your chances of successfully defending the matter. Our lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.
Please contact our firm on (02) 9521 2222 to speak with one of our lawyers today. Alternatively email your enquiry to us and we will contact you shortly.