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Negligent Driving Occasioning Death

Driving – Other Traffic Offences – NSW

Welcome to the NSW Negligent driving occasioning death article page. Everything you need to know about Negligent driving occasioning death according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Negligent driving occasioning death

According to NSW Law for the charge of Negligent driving occasioning death:

The Maximum Penalty – Negligent driving occasioning death

According to NSW Law for the charge of Negligent driving occasioning death, the maximum penalty for this offence is a fine of $3300.00 or imprisonment for 18 months, or both (for a first offence); or a fine of $5500.00 or imprisonment for 2 years, or both (for a second or subsequent offence).

What the Police must prove according to NSW Law for Negligent driving occasioning death

In order for the Police to prove the offence of Negligent driving causing death, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused drove
  2. A motor vehicle
  3. On a road or road related area
  4. The driving of the accused caused the death of a person.

Possible Defences under NSW Law – Negligent driving occasioning death

Possible defences to this offence include but are not limited to:

  • Duress
  • Necessity

In NSW which court will hear the matter – Negligent driving occasioning death

This matter is a summary offence and will be dealt with in the Local Court.

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