It is an offence to fail to stop and assist after a vehicle impact causing death or grievous bodily harm. This offence is governed by Section 52AB of the Crimes Act 1900 (NSW), with penalties of up to 10 years imprisonment if the collision causes death, and up to 7 years imprisonment if it causes grievous bodily harm.

Key Elements of the Offence

• Failure to Stop: The driver did not stop their vehicle immediately following the incident.
• Failure to Render Assistance: The driver did not provide help or take reasonable steps to assist the injured.
• Knowledge or Negligence: The driver knew or should have known that the crash caused serious injury or death.
• Aggravating Factors: Behaviours such as speeding or driving under the influence can lead to more severe penalties.

Penalties Under Section 52AB of the Crimes Act 1900 (NSW)

• Up to 10 years imprisonment if the accident resulted in death.
• Up to 7 years imprisonment if the accident caused grievous bodily harm.

A crucial element of the offence is knowledge. The prosecution must prove that the driver either:

• Knew someone was seriously injured or killed, or
• Ought to have reasonably known about the severity of the accident.

Other Relevant Laws and Penalties

In addition to the Crimes Act, the Road Transport Act 2013 (NSW), Section 146 also imposes penalties for failing to stop and provide personal details after an injury-causing accident:

• Up to 18 months imprisonment or fines for a first offence.
• Up to 2 years imprisonment for repeat offences within a five-year period.

Important Considerations

• Separate from Dangerous Driving: This offence is distinct from charges like dangerous or negligent driving causing death.
• Possible Defences: These can include a lack of awareness of the collision or not realising that someone was injured.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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