Failing to stop and assist after a vehicle impact causing death or grievous bodily harm
Crimes Act 1900 (NSW) s 52AB
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- Hanna Legal — for advice about your matter, call (02) 9268 0444.
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For advice about your matter, speak to Hanna Legal on (02) 9268 0444.
This page is sourced to the Act and section shown below and has been reviewed by Hanna Legal. It explains the law in general terms and does not tell you what to do in your own matter, and it does not create a lawyer–client relationship. Always confirm the current law and speak to Hanna Legal about your situation.
What it is, in plain English
A driver failing to stop and help after their vehicle is in an impact causing death or serious harm.
What the police must prove (the elements)
For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.
- You were the driver of a vehicle
- The vehicle was involved in an impact causing death or grievous bodily harm to another person
- You knew, or ought reasonably to have known, that the impact caused death or grievous bodily harm
- You failed to stop and give any assistance that was necessary and in your power to give
Which court & maximum penalty
This is a Table 1 indictable offence. It is dealt with in the NSW Local Court unless you, or the prosecution, choose (elect) to have it heard in the District Court. Because of how serious it is, it should be run with a lawyer.
Maximum penalty: 10 years imprisonment
Time limits
There is no general 6-month time limit for an indictable offence like this one — it can be commenced later. This is a guide only; for advice about your matter, speak to Hanna Legal.
Read the law
Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.