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Charges

Negligent driving (no death or grievous bodily harm)

Road Transport Act 2013 (NSW) s 117(1), penalty limb s 117(1)(c)

What is the maximum penalty for negligent driving in NSW?

Maximum penalty. 10 penalty units. No term of imprisonment is provided for this limb. By comparison, s 117(1)(b), occasioning grievous bodily harm, carries 20 penalty units or imprisonment for 9 months or both for a first offence, and s 117(1)(a), occasioning death, carries 30 penalty units or imprisonment for 18 months or both for a first offence.

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 covers driving a motor vehicle on a road below the standard of care expected of a reasonable and competent driver, where nobody is killed or seriously injured. It is the least serious of the three negligent driving limbs and carries a fine only, with no imprisonment available. In deciding whether the driving was negligent the court must consider all the circumstances, including the nature and condition of the road, the traffic, and any obstructions or hazards.

How it is dealt with

Summarily. Road Transport Act 2013 s 200(1): proceedings for an offence against the road transport legislation are to be dealt with summarily before the Local Court or the Supreme Court in its summary jurisdiction.

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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