Negligent driving occasioning death is an offence under Section 117(1)(a) of the Road Transport Act 2013. This offence occurs when a driver fails to exercise the level of care expected of a reasonable person, and that failure leads to the death of another individual. The penalties can be severe, ranging from imprisonment to heavy fines and loss of driving privileges.

What is Negligent Driving?

Negligent driving happens when someone operates a vehicle below the standard expected of a competent and responsible driver. This can include:

• Speeding
• Driving while distracted
• Failing to maintain proper control of the vehicle

Occasioning Death

To secure a conviction, the prosecution must prove that the driver’s negligent actions directly caused another person’s death. It’s not enough for the driver to have been careless; there must be a clear link between their conduct and the fatality.

Legislation: Section 117(1)(a)

Section 117(1)(a) of the Road Transport Act 2013 (NSW) defines the offence of negligent driving occasioning death, setting out the standards and legal consequences.

Penalties

The penalties depend on whether it’s a first-time offence or a repeat offence:

First Offence:
Up to 18 months imprisonment and/or a fine of 30 penalty units

Repeat Offence:
Up to 2 years imprisonment and/or a fine of 50 penalty units

Licence Disqualification:
A minimum disqualification period of 12 months applies, regardless of prior driving history.

Other Penalties:
Courts may impose community correction orders or intensive correction orders.

Factors That Influence Sentencing

Mitigating Circumstances

Courts may reduce penalties if:

• It’s a first-time offence
• The driver has no prior record
• The negligence was momentary

Aggravating Factors

Harsher penalties may apply when:

• The driver has prior traffic offences
• Alcohol or drugs were involved
• There was excessive speeding or other forms of recklessness

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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