Negligent Driving Occasioning Grievous Bodily Harm or Death

You may be charged with Negligent Driving Occasioning Grievous Bodily Harm (GBH) if you have had a car accident where someone was physically injured. If you have had a car accident where someone has died, you will instead be charged with Negligent Driving Occasioning Death.

“Grievous Bodily Harm” is defined as meaning a serious or permanent injury under the law. The seriousness of the other person’s injuries will determine whether you will be charged under this section.

In considering whether this offence under this section has been committed, the court is to take into account several factors, including:

  • the nature, condition and use of the road on which the offence is alleged to have been committed, and,
  • the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road.

Penalty

1st Offence 2nd Offence
Negligent Driving Occasioning GBH • Maximum fine of $2,200 and/or
• 9 months imprisonment;
• Automatic Disqualification of 3 years; and
• Minimum Disqualification of 1 year.
• Maximum fine of $3,300 and /or
• 12 months imprisonment;
• Automatic Disqualification of 5 years; and
• Minimum Disqualification of 2 years
Negligent Driving Occasioning Death • Maximum fine of $3,300, and/or,
• 18 months imprisonment;
• Automatic Disqualification of 3 years; and
• Minimum Disqualification of 1 year.
• Maximum fine of $5,500, and/or;
• 2 years imprisonment;
• Automatic Disqualification of 5 years; and
• Minimum Disqualification of 2 years.

To obtain the best result you need an experienced Traffic Lawyer who has the time to provide you with honest and realistic advice together with careful preparation of your case.

Charges that also relate to negligent driving occasioning grievous bodily harm or death or may also relate to you includes:

Please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.

 

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