Traffic offence Law
Negligent Driving

Negligent Driving

There are three main categories relevant to negligent driving. Namely: –

  1. Negligent driving not occasioning death or grievous bodily harm;
  2. Negligent driving occasioning grievous bodily harm; and
  3. Negligent driving occasioning death.

The second and third offences are very serious charges that carry with them maximum penalties of imprisonment. These charges also carry lengthy loss of licence together with other penalties such as likelihood of a criminal conviction.

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The nature and elements of the offence of Negligent Driving were considered in Director of Public Prosecutions (NSW) v Yeo and Anor [2008] NSWSC 953 wherein it was provided the offence or test for Negligent driving essentially being established is: –

…. where it is proved beyond reasonable doubt that the accused person drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances.

Section 117 of the Road Transport Act 2013 (NSW) provides that: –

“ …person must not drive a motor vehicle on a road negligently”.

Negligent driving is defined as: –

“ …driving without the standard of due care and attention reasonably expected of the ordinary prudent driver”.

Section 117 (3) of the Road Transport Act 2013 provides that the Court must have regard to all the circumstances of the case in considering whether or not your driving was negligent, including the following: –

  • Circumstances about the road  (i.e. condition of the road);
  • The amount of traffic on or expected to have been on the road; and
  • Any obstructions or hazards on the road (such as broken down or crashed vehicles, fallen loads or accident and emergency vehicles).

A Negligent Driving offence is a criminal offence. The burden of proof rests with the Prosecution. The standard of proof is beyond reasonable doubt.

 

Negligent driving

Negligence is generally defined as a failure to take proper care. To be found guilty of negligent driving the onus of proof is on the Prosecution to prove beyond reasonable doubt that the accused failed to take proper care when driving a vehicle. If there is any reason to doubt that the accused was not driving negligently, then the Prosecution could not succeed.

The onus is on the Prosecution to prove that the accused was driving the vehicle, and that it was being driven on a road or other related area.

 

Negligent driving occasioning grievous bodily harm

Negligent driving occasioning grievous bodily harm, provides that the the onus is on the Prosecution to prove grievous bodily harm resulted as a consequence of Negligent driving. 

 

Negligent driving occasioning death

Negligent driving occasioning death, provides that the the onus is on the Prosecution to prove death occurred because of Negligent driving.

The following options are available to the accused depending on his/her instructions: –

  1. We’ll negotiate with the Prosecutor to have the charges withdrawn, downgraded and/or the Police Fact Sheets amended; or
  2. We’ll enter a plea of not guilty and proceed to a hearing; or
  3. We’ll enter a plea of guilty to the charges and proceed to dispute the Police Fact Sheets at a special “disputed facts” hearing; or
  4. We’ll enter a plea of guilty with full acceptance of the Police Fact Sheets; and
  5. We’ll submit thoroughly researched legal submissions requesting that the Court not record a criminal conviction.