Section 52AB Crimes Act 1900 | Failing to Stop


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The Crimes Act contains many sections in relation to traffic offences. One such provision is section 52AB, which deals with the offence of ‘failing to stop and assist after a vehicle impact causing death or grievous bodily harm.’

Section 52AB of the Crimes Act says that you must stop and give assistance if you are involved in an accident in which someone is killed or suffers grievous bodily harm (in other words, a serious injury or a permanent disfigurement, such as a broken bone or internal organ damage).

The maximum penalty for failing to stop and give assistance is 10 years imprisonment if someone is killed as a result, or 7 years imprisonment if someone suffers grievous bodily harm. However, these are maximum penalties that will only apply in the most serious matters.

Being involved in a serious accident in which someone is killed or seriously injured is a traumatic and upsetting experience for anyone to go through, and it can be even more nerve-racking having to face court after such an event.

However, with the assistance of an experienced criminal lawyer, you can give yourself the best possible defence against the charges so that you can get on with your life as quickly as possible.

Over many years, Sydney Criminal Lawyers has built a reputation for defending some of the most difficult traffic matters, including ‘failure to stop’ matters.

We dedicate the time and effort in every case to clearly explain the charges to you and advise you of your options, including any defences that you may be able to raise.

We also guarantee that you will be represented by one of our experienced senior lawyers, who are Accredited Criminal Law Specialists that have been recognised for their experience and in-depth knowledge of criminal law.

You can also benefit from our expertise even if you simply wish to plead guilty to the charges – our highly experienced lawyers will prepare a compelling sentencing submission to persuade the court to give you the most lenient penalty possible.

Don’t waste time with less experienced ‘general’ lawyers – call Sydney’s best criminal and traffic lawyers today on (02) 9261 8881 and start working towards a brighter future.

The Legislation

Section 52AB of the Crimes Act 1900 deals with the offence of ‘failing to stop and assist after a vehicle impact causing death or grievous bodily harm.’ It reads as follows:

52AB Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm

(1) A person is guilty of an offence if:
(a) a vehicle being driven by the person is involved in an impact occasioning the death of another person, and
(b) the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and
(c) the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.
Maximum penalty: imprisonment for 10 years.

(2) A person is guilty of an offence if:
(a) a vehicle being driven by the person is involved in an impact occasioning grievous bodily harm to another person, and
(b) the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and
(c) the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.
Maximum penalty: imprisonment for 7 years.

(3) The provisions of section 52A (5) and (6) (which prescribe circumstances in which a vehicle is taken to be involved in an impact) apply for the purposes of this section in the same way as they apply for the purposes of section 52A.

(4) In this section, “vehicle” has the same meaning as it has in section 52A.