Negligent Driving Causing Grievous Bodily Harm

In NSW, the definition of “grievous bodily harm” is outlined in section 4 of the Crimes Act 1900 (NSW).
This legislation provides the legal framework and interpretation for various offences, including those involving bodily harm.

“Grievous bodily harm” is defined as very serious harm and includes:

(a) the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019 ) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and

(b) any permanent or serious disfiguring of the person, and

(c) any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

It’s important to refer to the specific provisions of the Crimes Act 1900 (NSW) for a comprehensive understanding of the definition and its implications. Legal advice is recommended for any specific legal matters or inquiries.

Negligence while driving is defined as departing from the standard level of caution that an ordinary and cautious driver would exercise given the specific circumstances.

When evaluating whether this offence has occurred, the court must consider:

• The condition, state of repair, and usage of the road at the time.
• The volume of traffic on the road or the reasonable anticipation of traffic.
• The presence of obstacles or hazards on the road.

If you find yourself facing allegations of negligent driving and believe that you are not responsible, you have the option to plead ‘not guilty’ in court and contest the charges.
When dealing with charges of ‘negligent driving occasioning grievous bodily harm,’ the prosecution must prove that you caused significant harm to another person, resulting in enduring and substantial injury. This harm could involve severe disfigurement, fractures, internal organ damage, or even the loss of a fetus.
If you have doubts about the prosecution’s ability to establish these elements beyond a reasonable doubt, opting for a ‘not guilty’ plea may be appropriate.
Our experienced traffic lawyers will meticulously analyse all available evidence to identify any weaknesses in the prosecution’s case. When vulnerabilities are identified, we can engage with the prosecution and request the charges be dropped before the court proceedings, potentially saving you time and expenses.
However, there might be situations where the prosecution is unwilling to drop the charges. In such scenarios, our legal team is well-equipped to assist you in constructing a robust defence to prove your innocence during the court process.
We can aid you in gathering relevant evidence and securing expert witnesses, such as crash investigators, who can provide valuable testimony in support of your defence.
For instance, if you can demonstrate that you exercised reasonable care and attention given the circumstances, you can challenge the charges by providing testimony in court to support your claim.
Courts evaluate the level of ‘care and attention’ by considering various factors related to the incident, including weather conditions, road conditions, and traffic circumstances.
Additionally, a ‘not guilty’ plea is an option if you intend to present one of the following defences that explains your actions:

1. Necessity: Driving due to unavoidable circumstances to prevent harm.
2. Duress: Driving under threat or coercion.
3. Automatism: Involuntary actions without conscious control.
4. Self-defence: Driving to protect oneself or others from harm.
5. Reasonable mistake of fact: Reasonably misunderstanding road rules or speed limits

When you provide evidence of these defences, the prosecution must prove beyond a reasonable doubt that the defence does not apply to your situation. If they fail to meet this burden, you are entitled to an acquittal, meaning a verdict of not guilty.

If you choose to enter a guilty plea at an early stage in the proceedings, you are entitled to a discount on your sentencing. This decision also demonstrates to the magistrate or judge that you are taking accountability for your actions, which may influence them to consider a more lenient penalty.
Acknowledging your responsibility through an early guilty plea can have a positive impact on the overall outcome of your case. It is a gesture of acceptance that could lead to a reduced sentence.
However, before making any plea, it’s wise to seek guidance from an experienced traffic lawyer. Their expertise can shed light on whether there are valid grounds to challenge the charges. A skilled lawyer can analyse the details of your case, identify potential weaknesses in the prosecution’s argument, and advise you on the best course of action.
By consulting with a knowledgeable legal professional, you can make an informed decision about your plea and receive the support needed to navigate the complexities of the legal process. At KPT Defence Lawyers, we specialise in traffic law and are dedicated to helping you achieve the best possible outcome for your case.