Negligent Driving Causing
Grievous Bodily Harm
What is Negligent Driving Causing GBH
Negligent Driving Causing Grievous Bodily Harm is a serious offence, which often results in a penalty of full-time imprisonment. It suggests that a driver has been negligent in their manner of driver, and as a result of this negligence, grievous bodily harm was inflicted on another person.
Negligent Driving Causing GBH & The Law
Negligent Driving causing GBH can found under s 117(b) of the Road Transport Act 2013.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused was driving a motor vehicle on a road; and
The accused was driving in a negligent manner; and
As a result of the negligent driving, grievous bodily harm was occasioned to another person
Grievous Bodily Harm is defined as a very serious injury, and a simple cut, laceration or bruise would not suffice in proving the element of this charge.
Going to Court – “What am I looking at?”
Negligent Driving causing GBH carries a maximum penalty is a fine of up to $2,200 and a potential term of imprisonment of to 9 months. If there is a Court order, there could be an unlimited licence disqualification period. However, in the absence of a Court order, there is an automatic licence disqualification of 3 years, which can be reduced in some cases to a minimum of 12 months.
If the matter is a second or subsequent offence, with a prior conviction for such offence in the past, or any other ‘major offence’, in the past 5 years, there is a maximum penalty of $3,300 and a maximum term of imprisonment of 12 months. If there is a Court order, there could be unlimited licence disqualification period.
However, in the absence of a Court order, there is an automatic licence disqualification of 5 years, which can be reduced in some cases to a minimum of 2 years.
What is a ‘Major Offence’?
A ‘Major Offence’ is a serious traffic offence and defined under Section 4 of the Road Transport Act 2013. It can include but not limited to, traffic offences such as:
Drink or Drug Driving
Negligent Driving causing death or grievous bodily harm
Failing or refusing to provide oral fluid sample
Lawyer Call – here to help..
Being charged with Negligent Driving Causing GBH, can be overwhelming due to the seriousness of the charge, and the implications this could have on your life, family and future career goals. At Lawyer Call, we seek to understand the exact details of the incident first and foremost.
Our expert Traffic Lawyers have extensive experience in conducting powerful pleas before a Magistrate, with in-depth preparation and gathering of the right documentation in support of your character, and addressing every possible avenue of mitigating the seriousness of this offence.
Alternatively, should you wish to proceed in contesting such a charge, our team is on hand to provide appropriate and honest legal advice regarding the prospects of defending this charge and fighting this in Court before a Magistrate. It is often the case that the definition of the term ‘negligent’ is difficult to define, and it is at this point that the prosecution will struggle to prove beyond a reasonable doubt that you were driving negligently. One should proceed down the path of entering plea of Not Guilty with caution, as expert witnesses including crash investigation and traffic experts would have to be brought to court to explain the nature and scene of the accident.
At Lawyer Call we also have the expertise and appropriate Barristers and Senior Legal Counsel available for contested hearing work. We understand that the correct management of such a sensitive case through the long Court processes is crucial to putting up the right fight.
If you have been charged with this offence, please call our office immediately on 1300 LAW 111.