Driving causing death or grievous bodily harm (‘GBH’)

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Driving causing death or grievous bodily harm (‘GBH’)

NEGLIGENT DRIVING OCCASIONING GRIEVOUS BODILY HARM (GBH)

  1. Negligent driving occasioning grievous bodily harm is a summary offence under section 117(1) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 117(1)(b) of the Road Transport Act provides the maximum penalty for this offence. If this is the first time you have been charged with this offence, the maximum penalty is 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200). If you have previously been convicted of this offence, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove in a manner which departs from the standard expected of an ‘ordinary prudent driver’ AND
  3. You were involved in an incident which occasioned grievous bodily harm to another person (passenger or otherwise).

What is the standard of driving expected by an ordinary prudent driver?

While the ‘ordinary prudent driver’ is not explicitly defined, it is an objective assessment of what a reasonable person would have done if they were in your circumstances.

What is GBH?

Grievous Bodily Harm (‘GBH’) is said to have occurred when a person has been permanently or seriously disfigured (e.g. bone fractures, haemorrhaging etc.). Death of a foetus amounts to GBH.

Examples of defences that might be available to you?

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that you were driving within the expected standards.
  3. You may have had a medical episode causing you to act involuntarily.
  4. You may have been acting under duress.

Should I plead guilty or not guilty?

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you drove negligently and your negligent driving occasioned grievous bodily harm.

You may accept that your negligent driving occasioned GBH, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

If this is the first time you are charged with this offence, the maximum penalty is an automatic disqualification period of 3 years (12 months minimum) as well as 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200). If you have previously been convicted of this offence, the maximum penalty is an automatic disqualification period of 5 years (2 years minimum) as well as 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months.

If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty, it is highly unlikely that you will be given a section 10.

Will I go to prison?

If this is your first offence, it is unlikely that a term of imprisonment will be imposed. If this is your second or subsequent major offence, a term of imprisonment is likely. However, whether you will be sentenced to a full-term custodial sentence will depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

NEGLIGENT DRIVING OCCASIONING DEATH

  1. Negligent driving occasioning death is a summary offence under section 117(1) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 117(1)(a) of the Road Transport Act provides the maximum penalty for this offence. If this is the first time you have been charged with this offence, the maximum penalty is 18 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300). If you have previously been convicted of this offence, the maximum penalty is 2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove in a manner which departs from the standard expected of an ‘ordinary prudent driver’ AND
  3. You were involved in an incident occasioning death.

What is the standard of driving expected by an ordinary prudent driver?

While the ‘ordinary prudent driver’ is not explicitly defined, it is an objective assessment of what a reasonable person would have done if they were in your circumstances.

Examples of defences that might be available to you?

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that you were driving within the expected standards.
  3. You may have had a medical episode causing you to act involuntarily.
  4. You may have been acting under duress.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you drove negligently and your negligent driving occasioned death.

You may accept that your negligent driving occasioned death, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

If this is the first time you are charged with this offence, the maximum penalty is an automatic disqualification period of 3 years (12 months minimum) as well as 18 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).

If you have previously been convicted of this offence, the maximum penalty is an automatic disqualification period of 5 years (2 years minimum) as well as 2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months.

If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty of this offence, you will not receive a section 10.

Will I go to prison?

If this is your first offence, it is possible that a term of imprisonment will be imposed. If this is your second or subsequent major offence, a term of imprisonment is more likely. However, whether you will be sentenced to a full-term custodial sentence will depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

DANGEROUS DRIVING OCCASIONING (GBH)

  1. Dangerous driving occasioning GBH is a Table 1 offence under section 52A(3) of the Crimes Act.
  2. Table 1 offences can be dealt with in either the Local or District Court.
  3. Section 52A(3) of the Crimes Act provides a maximum penalty of 7 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove dangerously AND
  3. You were involved in an incident occasioning GBH.

What amounts to dangerous driving?

Dangerous driving encapsulates any manner of driving that creates a real risk to other road users. It includes:

  • Driving under the influence of liquor (0.05 – 0.14) OR
  • Driving under the influence of a drug OR
  • Driving at a dangerous speed (exceeding the limit by up to 45km/h) OR
  • Driving in a dangerous manner (i.e. exercising a substantial degree of inattentiveness and negligence.

What is GBH?

Grievous Bodily Harm (‘GBH’) is said to have occurred when a person has been permanently or seriously disfigured (e.g. bone fractures, haemorrhaging etc.). Death of a foetus amounts to GBH.

Examples of defences that might be available to you?

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that your driving was not dangerous.
  3. You may have had a medical episode causing you to act involuntarily.
  4. duress.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you drove dangerously and your dangerous driving occasioned GBH.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

The maximum penalty for this offence is 7 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months.

If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While you may be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate or Judge. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

AGGRAVATED DANGEROUS DRIVING OCCASIONING GBH

  1. Aggravated dangerous driving occasioning GBH is a Table 1 offence under section 52A(4) of the Crimes Act.
  2. Table 1 offences can be dealt with in either the Local or District Court.
  3. Section 52A(4) of the Crimes Act provides a maximum penalty of 11 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove dangerously in circumstances of aggravation AND
  3. You were involved in an incident occasioning GBH.

What amounts to aggravated dangerous driving?

Aggravated dangerous driving includes:

  • Driving under the influence of alcohol with a blood alcohol concentration of 0.15 or above OR
  • Driving under the influence of a drug whilst substantially impaired OR
  • Driving at a dangerous speed (exceeding the limit by 45km/h or more) OR
  • You were evading police pursuit.

What is GBH?

Grievous Bodily Harm (‘GBH’) is said to have occurred when a person has been permanently or seriously disfigured (e.g. bone fractures, haemorrhaging etc.). Death of a foetus amounts to GBH.

Examples of defences that might be available to you?

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that your driving was not dangerous.
  3. You may have had a medical episode causing you to act involuntarily.
  4. You may have been acting under duress.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you drove dangerously in circumstances of aggravation which occasioned GBH.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

The maximum penalty for this offence is 11 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty of this offence, you will not receive a section 10.

Will I go to prison?

You will receive a full-term custodial sentence if found guilty of this offence. However, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

DANGEROUS DRIVING OCCASIONING DEATH

  1. Dangerous driving occasioning death is a Strictly Indictable offence under section 52A(1) of the Crimes Act.
  2. Strictly Indictable offences must always be dealt with in the District Court.
  3. Section 52A(1) of the Crimes Act provides a maximum penalty of 10 years imprisonment and/or 1,000 penalty units (i.e. a fine of up to $110,000).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove in a dangerous manner AND
  3. You were involved in an incident occasioning death.

What amounts to dangerous driving?

Dangerous driving encapsulates any manner of driving that creates a real risk to other road users. It includes:

  • Driving under the influence of liquor (0.05 – 0.14) OR
  • Driving under the influence of a drug OR
  • Driving at a dangerous speed (exceeding the limit by up to 45km/h) OR
  • Driving in a dangerous manner (i.e. exercising a substantial degree of inattentiveness and negligence.

Examples of defences that might be available to you?

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that your driving was not dangerous.
  3. You may have had a medical episode causing you to act involuntarily.
  4. You may have been acting under duress.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you drove dangerously and your dangerous driving occasioned death.

You may accept that your dangerous driving occasioned death, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

The maximum penalty for this offence is 10 years imprisonment and/or 1,000 penalty units (i.e. a fine of up to $110,000).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months.

If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty of this offence, you will not receive a section 10.

Will I go to prison?

It is highly likely that you will receive a full-term custodial sentence if found guilty of this offence. However, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

AGGRAVATED DANGEROUS DRIVING OCCASIONING DEATH

  1. Aggravated dangerous driving occasioning death is a Strictly Indictable offence under section 52A(2) of the Crimes Act.
  2. Strictly Indictable offences must always be dealt with in the District Court.
  3. Section 52A(2) of the Crimes Act provides a maximum penalty of 14 years imprisonment and/or 1,000 penalty units (i.e. a fine of up to $110,000).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove dangerously in circumstances of aggravation AND
  3. You were involved in an incident occasioning death.

What amounts to aggravated dangerous driving?

Aggravated dangerous driving includes:

  • Driving under the influence of alcohol with a blood alcohol concentration of 0.15 or above OR
  • Driving under the influence of a drug whilst substantially impaired OR
  • Driving at a dangerous speed (exceeding the limit by 45km/h or more) OR
  • You were evading police pursuit.

Examples of defences that might be available to you?

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that your driving was not dangerous.
  3. You may have had a medical episode causing you to act involuntarily.
  4. You may have been acting under duress.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you drove dangerously in circumstances of aggravation which occasioned death.

You may accept that your dangerous driving in circumstances of aggravation occasioned death, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

The maximum penalty for this offence is 14 years imprisonment and/or 1,000 penalty units (i.e. a fine of up to $110,000).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months.

If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty of this offence, you will not receive a section 10.

Will I go to prison?

You will receive a full-term custodial sentence if found guilty of this offence. However, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

Why Choose Hugo Law Group to Defend You

Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.

Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.

Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.

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At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.

Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.

Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.

As leaders in criminal defence, we know that every story has two sides. We defend yours.

Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.