Charges
Fail to stop and assist after vehicle impact causing death or grievous bodily harm
Crimes Act 1900 (NSW) s 52AB; s 52AB(1) where the impact occasions death, s 52AB(2) where it occasions grievous bodily harm
What is the maximum penalty for fail to stop and assist in NSW?
Maximum penalty. s 52AB(1), impact occasioning death: imprisonment for 10 years. s 52AB(2), impact occasioning grievous bodily harm: imprisonment for 7 years. The Judicial Commission lists both as Table 1 offences with a Local Court maximum of 100 penalty units or 2 years.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence applies where a vehicle a person is driving is involved in an impact that causes another person's death or grievous bodily harm, and the driver knows or ought reasonably to know that the vehicle was involved in such an impact. The driver commits the offence by failing to stop and give any assistance that is necessary and within their power to give. The higher maximum applies where the impact caused death, and the lower maximum where it caused grievous bodily harm.
How it is dealt with
Indictable, listed by the Judicial Commission as Table 1 offences, so they may be dealt with summarily in the Local Court
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
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