Failing to stop and assist after an impact causing injury

It is an offence, if a vehicle you are driving on a road is involved in an impact that injures another person and you know, or ought reasonably to know, of the impact, to fail to stop and give any assistance that is in your power to give and that may be needed.

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. A vehicle you were driving on a road was involved in an impact that injured another person
2. You knew, or ought reasonably to have known, that the vehicle had been involved in such an impact
3. You failed to stop and give the assistance that was in your power to give and that may have been needed

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: 30 penalty units ($3,300) or imprisonment for 18 months, or both (first offence); 50 penalty units ($5,500) or imprisonment for 2 years, or both (second or subsequent offence). 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). It is also an 'applicable offence' for the 5-year limit on a section 10 / non-conviction order (s 203). Where the impact caused death or grievous bodily harm, the more serious Crimes Act 1900 (NSW) offence of failing to stop and assist (s 52AB) may be charged instead.

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.