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Section 117(1)(a) Road Transport Act 2013
Negligent Driving Occasioning Death

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Negligent Driving Occasioning Death is an offence under Section 117(1)(a) of the Road Transport Act 2013.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You drove a motor vehicle
  2. You drove the vehicle negligently, and
  3. You caused death to another as a result

You drove ‘negligently’ if you:

“departed from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances”

When determining whether the offence has been committed the court must consider:

  1. The nature, condition and use of the road at the time
  2. The amount of traffic on the road at the time, or which might reasonably be expected on the road at that time, and
  3. Any obstructions or hazards on the road at the time

Examples of negligent driving may include:

  1. Causing an accident by failing to keep a proper lookout for others
  2. Allowing a collision to occur by not driving defensively to avoid it, and
  3. Endangering others by not paying due care and attention to road rules or conditions

Examples that may not amount to negligent driving include:

  1. Where an accident was inevitable or unavoidable
  2. Where a previously unknown mechanical defect caused a collision, and
  3. Where you became unconscious due to a condition you were not previously aware of

If it is your first major traffic offence in the past 5 years the maximum penalty is:

  1. 18 months in prison
  2. A 3 year ‘automatic’ licence disqualification, which the court can reduce to 12 months, and
  3. A fine of $3,300

If it is your second or more major traffic offence in the past 5 years the maximum penalty is:

  1. 2 years in prison
  2. A 5 year automatic licence disqualification, which the court can reduce to 2 years, and
  3. A fine of $5,500

However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:

  1. A Section 10(1)(a) dismissal, or
  2. A Conditional release order without a conviction

Defences to the charge include:

  1. Necessity
  2. Duress
  3. Automatism, and
  4. Honest and reasonable mistake of fact
If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.

We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.

The Legislation

Section 117(1)(a) of the Road Transport Act 2013 is Negligent Driving Occasioning Death and reads as follows:

Negligent, furious or reckless driving

(cf STM Act, s 42)

(1) A person must not drive a motor vehicle on a road negligently.

The penalties

(a) if the driving occasions death–30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.

Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.

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