At Chidiac & Associates, we provide experienced criminal defence representation to clients facing negligent driving charges throughout Sydney and New South Wales. We carefully examine the circumstances of the incident, the manner of driving, road conditions and the evidence relied upon by the Prosecution.

What is Negligent Driving?

Under section 117(1) of the Road Transport Act 2013, a person must not drive a motor vehicle on a road negligently.

Negligent driving is different from reckless or dangerous driving. The Prosecution does not need to establish that the driver intended to cause harm. The question is whether the manner of driving was negligent in the circumstances.

The seriousness of the offence increases considerably where the driving occasions grievous bodily harm or death.

What Can Amount to Negligent Driving?

An allegation of negligent driving may arise from circumstances such as:

• failing to maintain proper control of a vehicle;
• failing to observe another vehicle or road user;
• failing to keep a proper lookout;
• inappropriate speed for the conditions;
• failing to respond appropriately to traffic conditions;
• careless manoeuvring; or
• conduct that results in a collision causing injury or death.

Whether driving was negligent must be determined having regard to the circumstances of the particular case.

Elements of Negligent Driving

To establish an offence under s 117(1), the Prosecution must prove the relevant elements beyond reasonable doubt.

1. The Accused Drove a Motor Vehicle

The Prosecution must establish that the accused was driving a motor vehicle.

2. The Driving Occurred on a Road

The driving must have occurred on a road for the purposes of s 117(1).

3. The Driving Was Negligent

The Prosecution must establish that the accused drove the motor vehicle negligently.

The court must have regard to all the circumstances of the case, including the nature, condition and use of the road, the amount of traffic and any obstructions or hazards present.

Negligent Driving Occasioning Death or Grievous Bodily Harm

Section 117(1) creates different levels of offending depending upon the consequences of the driving.

Negligent Driving - No Death or Grievous Bodily Harm

Where negligent driving does not occasion death or grievous bodily harm:

Maximum penalty: 10 penalty units

This offence does not carry a term of imprisonment under s 117(1)(c).

Negligent Driving Occasioning Grievous Bodily Harm

For a first offence, where the negligent driving occasions grievous bodily harm:

Maximum penalty: 20 penalty units or 9 months' imprisonment, or both

For a second or subsequent offence:

Maximum penalty: 30 penalty units or 12 months' imprisonment, or both.

The legislation provides that grievous bodily harm includes permanent or serious disfigurement.

Negligent Driving Occasioning Death

For a first offence, where the negligent driving occasions death:

Maximum penalty: 30 penalty units or 18 months' imprisonment, or both

For a second or subsequent offence:

Maximum penalty: 50 penalty units or 2 years' imprisonment, or both.

Penalties at a Glance

These are maximum penalties, not automatic sentences.

Licence Disqualification

The consequences for a driver's licence depend upon the particular negligent driving offence.

Negligent driving occasioning death or grievous bodily harm is classified as a major offence for the purposes of the Road Transport Act 2013. Consequently, a conviction can result in an automatic licence disqualification, subject to the court's power to order a different period within the statutory limits.

For a person with no previous major offence, the default automatic disqualification for a major offence is generally 3 years, with the court able to impose a shorter period subject to the applicable statutory minimum, or a longer period. Where there is a previous major offence, the default period is generally 5 years, again subject to the court's statutory powers.

Importantly, ordinary negligent driving under s 117(1)(c) does not attract the same automatic major-offence disqualification regime. However, the court has a general power to order licence disqualification on conviction under s 204.

Can I Defend a Negligent Driving Charge?

Being charged with negligent driving does not mean that you are guilty. The Prosecution bears the burden of proving the offence beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the accused was not driving the vehicle;
• the driving was not negligent;
• the Prosecution has incorrectly characterised the manner of driving;
• the road or traffic conditions have been misunderstood;
• another vehicle or road user contributed to the incident;
• the alleged injuries were not caused by the driving;
• the Prosecution evidence is inconsistent or unreliable; or
• CCTV, dashcam or other evidence contradicts the Prosecution case.

Where death or grievous bodily harm is alleged, the Prosecution must also establish the necessary connection between the negligent driving and the relevant consequence.

Evidence in Negligent Driving Cases

The Prosecution may rely upon:

• police statements;
• eyewitness evidence;
• CCTV footage;
• dashcam footage;
• traffic camera footage;
• vehicle inspection evidence;
• accident reconstruction evidence;
• photographs of the scene and vehicles;
• medical evidence; and
• evidence concerning road, weather and traffic conditions.

At Chidiac & Associates, we carefully examine the available evidence and the circumstances leading up to the collision.

Sentencing for Negligent Driving

Where a person is convicted, the court may consider:

• the manner of driving;
• the circumstances of the incident;
• the speed of the vehicle;
• traffic and road conditions;
• visibility and weather;
• the presence of other road users;
• the extent of any injuries;
• whether death or grievous bodily harm resulted;
• the offender's driving and criminal history;
• personal circumstances;
• remorse and prospects of rehabilitation; and
• whether an early guilty plea was entered.

For matters involving death or serious injury, the consequences for the offender and the victim will be particularly important sentencing considerations.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your negligent driving charge;
• detailed analysis of the Prosecution evidence;
• examination of CCTV and dashcam footage;
• assessment of accident and reconstruction evidence;
• analysis of the alleged manner of driving;
• advice concerning potential defences;
• representation at court;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings; and
• sentencing and licence disqualification advice.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.

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