Repute Law

What happens when I am charged with negligent driving … when I have hurt someone?

Facing criminal charges can be an overwhelming experience, especially when it involves serious offences like negligent driving occasioning grievous bodily harm in New South Wales (NSW). At Repute Law our senior lawyers are here to shed light on this matter, providing crucial information that can help you understand your situation better.

Negligent driving causing grievous bodily harm is a grave offence under NSW law, with severe consequences. Understanding this law and your rights is paramount in navigating successfully through the legal process. Here we delve into the specifics of this offence, potential defences, relevant legislation, and why seeking expert legal assistance from Repute Law can make all the difference in your case.

Negligent driving occasioning grievous bodily harm in NSW is covered under Section 117(1)(b) of the Road Transport Act 2013 . According to this section, if a person drives a vehicle negligently and causes grievous bodily harm to another person, they can be charged with a serious criminal offence.

What constitutes negligent driving?

Negligent driving refers to driving in a careless or reckless manner that falls below the standard expected of a prudent and reasonable driver. It involves a lack of proper attention or regard for the safety of others on the road. Grievous bodily harm refers to a serious injury that results in a substantial and long-term impairment of bodily function.

For instance, if a driver runs a red light at high speed, resulting in a collision that causes severe injuries to another person, they may be charged with negligent driving occasioning grievous bodily harm.

In New South Wales, the penalties for negligent driving occasioning grievous bodily harm can be severe and may include:

  1. Fines: The court may impose fines of up to thousands of dollars, depending on the circumstances of the case.
  2. Disqualification of Driver’s Licence: Upon conviction, the court may disqualify the offender from holding or obtaining a driver’s licence for a specified period. This disqualification period can vary depending on the severity of the offence and any previous driving record.
  3. Imprisonment: In cases involving serious negligence or significant harm caused to the victim, the court may impose a term of imprisonment. The length of imprisonment will be determined by the court based on the specific facts of the case.

It’s essential to note that each case is unique, and the penalties imposed will depend on various factors, including the level of negligence, the extent of harm caused, the offender’s driving history, and any mitigating or aggravating circumstances present.

Seeking legal advice from experienced senior criminal defence lawyers at Repute Law, can help individuals understand the potential penalties they may face and explore available defences to mitigate or avoid these consequences. Our team can provide tailored guidance and representation to ensure the best possible outcome in your case.

Defences to this charge may include demonstrating that the driving was not negligent, or that there was a reasonable excuse for the conduct; a driver avoiding an imminent danger or acting in self-defence, may constitute a valid defence.

Our team of senior lawyers possess extensive experience in handling complex criminal cases, including traffic offences. We are adept at scrutinising the evidence, identifying weaknesses in the prosecution’s case, and presenting compelling defences on behalf of our clients.

At Repute Law, we understand the importance of engaging with the police at the early stages of a matter to have charges either withdrawn or downgraded. Our proactive approach has proven successful in achieving favourable outcomes for our clients.

Moreover, our unique Case Concierge® service ensures that every client receives personalised attention and support throughout their legal proceedings. From initial consultation to courtroom representation, we are committed to providing an exceptional level of service tailored to meet the individual needs of each client.

Conclusion

Facing charges of negligent driving occasioning grievous bodily harm in NSW is a serious matter that requires expert legal guidance. Repute Law, as a leading criminal defence firm in Sydney, is well-equipped to assist you in navigating through this challenging time.

By seeking representation from our team of senior lawyers, you can rest assured that your case will be handled with the utmost professionalism and diligence. Our track record of success in achieving positive outcomes for our clients speaks volumes about our commitment to excellence in legal representation.

Contact Repute Law today to schedule a consultation and take the first step towards securing the best possible outcome in your case. Don’t leave your future to chance. Remember, when it comes to your legal rights and freedom, having the right legal advice can make all the difference.

Disclaimer:
The content in this blog is to provide general information only and is not intended to provide and does not constitute legal advice on any matter. You should not rely upon the information contained in this blog as legal advice. Please contact us if you wish to discuss anything relevant in this blog. Any communications arising from this site are not intended to and do not create a legal relationship between Repute Law and any person.

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