Question 1

What is the difference between dangerous driving and negligent driving in NSW?

Accepted Answer

Dangerous driving offences under section 52A of the Crimes Act 1900 (NSW) involve driving in a manner dangerous, or at a speed dangerous, and causing death or grievous bodily harm. They are serious indictable offences dealt with in the District Court. Negligent driving is a traffic offence under the Road Transport Act 2013 and covers driving that falls below the standard of a reasonable driver. It ranges from negligent driving with no injury, dealt with by penalty notice or in the Local Court, up to negligent driving occasioning death or grievous bodily harm, which carries gaol and disqualification. Which charge applies depends on the driving and the harm caused.

Question 2

Can I go to gaol for dangerous driving in NSW?

Accepted Answer

Yes. Dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm under section 52A of the Crimes Act 1900 carry significant maximum penalties of full time imprisonment, with higher maximums for aggravated versions, for example where there was a high concentration of alcohol, excessive speed or an attempt to escape police. Negligent driving occasioning death or grievous bodily harm also carries a possible term of imprisonment and lengthy disqualification. The actual sentence depends on the objective seriousness of the driving and the individual circumstances, which is why early, careful preparation matters.

Question 3

What is Skye's Law and police pursuit?

Accepted Answer

Skye's Law is the offence of police pursuit under section 51B of the Crimes Act 1900 (NSW). It applies where a driver knows, or ought reasonably to know, that police are pursuing them and are directing them to stop, and the driver does not stop and drives recklessly, at a speed dangerous or in a manner dangerous. It is a serious offence carrying imprisonment and an automatic period of disqualification, and it is heard in court rather than dealt with by fine.

Question 4

What is predatory driving or menacing driving?

Accepted Answer

Predatory driving under section 51A of the Crimes Act 1900 (NSW) is where a driver, while in pursuit of or travelling near another vehicle, deliberately drives in a way that causes or threatens an impact and intends to cause a person actual bodily harm. Menacing driving under the Road Transport Act 2013 is driving in a way that menaces another person, either intending to menace or where the driver ought to have known the driving might menace. Both are serious, carry disqualification, and the more serious versions carry imprisonment. We assess the evidence and prepare a defence or the strongest possible case on sentence.