A charge of negligent driving is usually made by the police in circumstances where there has been a motor vehicle accident. Negligent driving can refer to where a driver was not exercising the degree of care and attention which a reasonable and prudent driver would exercise in the circumstances for example not paying attention to the road or not complying with the rules of the road, and therefore causing an accident.
The maximum penalty for negligent driving not causing death or grievous bodily harm is a fine for the sum of $1,100 or a disqualification period of 12 months.
Where negligent driving has resulted in grievous bodily harm being caused, there are a number of penalties that can be imposed, namely:
| Penalty | First offence | Second or subsequent offence within 5 years |
|---|---|---|
| Maximum court imposed fine | $2,200 | $3,300 |
| Maximum prison sentence | 9 months | 12 months |
| Minimum disqualification period | 12 months | 2 years |
| Maximum disqualification period | Unlimited | Unlimited |
| Disqualification in the absence of a court order | 3 years | 5 years |
Where negligent driving has resulted in death being caused, there are a number of penalties that can be imposed, namely:
| Penalty | First offence | Second or subsequent offence within 5 years |
|---|---|---|
| Maximum court imposed fine | $3,300 | $5,300 |
| Maximum prison sentence | 18 months | 2 years |
| Minimum disqualification period | 12 months | 2 years |
| Maximum disqualification period | Unlimited | Unlimited |
| Disqualification in the absence of a court order | 3 years | 5 years |
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