Negligent driving occasioning death

A person drives a motor vehicle on a road negligently — below the standard of a reasonable and prudent driver — and the negligent driving occasions the death of another person.

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.

1. You drove a motor vehicle on a road
2. Negligently — your driving fell below the standard of a reasonable and prudent driver in the circumstances (an objective test; the court has regard to the nature, condition and use of the road, the amount of traffic, and any obstructions or hazards — s 117(3))
3. The negligent driving occasioned the death of another person

This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.

Maximum penalty: First offence: 30 penalty units ($3,300) or imprisonment for 18 months, or both. Second or subsequent: 50 penalty units ($5,500) or imprisonment for 2 years, or both. This is a 'major offence': automatic disqualification 3 years (minimum 12 months) for a first offence; 5 years (minimum 2 years) for a second or subsequent offence (s 205).

Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.