Facing
a dangerous driving charge under Section 52A of the Crimes Act
1900 (NSW) is a serious matter with severe consequences, including
imprisonment, fines, and licence disqualification. At Nicopoulos Sabbagh
Lawyers, our criminal defence lawyers in Sydney, NSW, specialise in
defending clients against dangerous driving offences, helping them
navigate complex legal proceedings and achieve the best possible outcomes.
Whether you’re considering pleading not guilty, pleading guilty,
or seeking to minimise penalties, this comprehensive guide explains what a
dangerous driving charge entails, the penalties involved, potential defences,
and how our traffic lawyers in Sydney can protect your future.
What is Dangerous Driving Under Section 52A?
Section
52A of the Crimes Act 1900 (NSW) outlines offences
related to dangerous driving that causes death or grievous
bodily harm (GBH). These are among the most serious traffic
offences in NSW, as they involve significant harm to others. The
section covers several specific offences, including:
• Dangerous driving occasioning death: Driving
in a manner dangerous to others, or at a speed dangerous to others, resulting
in a person’s death.
• Dangerous driving occasioning grievous bodily harm:
Driving dangerously, leading to serious physical or psychological injury.
• Aggravated dangerous driving: Committing the
above offences with aggravating factors, such as driving under the influence of
alcohol or drugs, speeding excessively, or fleeing police.
The
prosecution must prove beyond reasonable doubt that:
1. You were driving a vehicle.
2. Your driving was dangerous (e.g., reckless, negligent, or
under the influence).
3. Your driving caused the death or grievous bodily harm of
another person.
Dangerous
driving can include behaviours like excessive speeding, driving while
intoxicated, or failing to maintain proper control of the vehicle. Given the
gravity of these charges, consulting a dangerous driving lawyer in Sydney is
essential to protect your rights and build a strong defence.
Penalties for Dangerous Driving in NSW
The
penalties for dangerous driving under Section 52A vary
depending on the specific offence and whether aggravating factors apply. Here’s
a breakdown:
• Dangerous Driving Occasioning Death:
•
Maximum penalty: 7 years imprisonment.
•
Automatic licence disqualification: 3 years (minimum 12 months).
• Aggravated Dangerous Driving Occasioning Death (e.g.,
under the influence or speeding by more than 45 km/h):
•
Maximum penalty: 11 years imprisonment.
•
Automatic licence disqualification: 5 years (minimum 2 years).
• Dangerous Driving Occasioning Grievous Bodily Harm:
•
Maximum penalty: 5 years imprisonment.
•
Automatic licence disqualification: 3 years (minimum 12 months).
• Aggravated Dangerous Driving Occasioning Grievous
Bodily Harm:
•
Maximum penalty: 7 years imprisonment.
•
Automatic licence disqualification: 5 years (minimum 2 years).
In
addition to imprisonment and disqualification, a conviction results in a criminal
record, which can impact employment, travel, and insurance. However, the
court may impose lenient outcomes, such as a Section 10 dismissal or
conditional release order for less serious cases, or alternatives
to prison like intensive correction orders (ICOs). At Nicopoulos
Sabbagh Lawyers, our criminal lawyers in Sydney have extensive
experience securing reduced penalties and non-conviction outcomes, helping
clients maintain their livelihoods.
Pleading Guilty to a Dangerous Driving Charge
Choosing
to plead guilty means accepting responsibility for the offence,
which may be appropriate if the evidence against you is strong or you wish to
demonstrate remorse. Pleading guilty can lead to more lenient penalties and is
often a strategic decision. Here’s what you need to know:
Benefits of Pleading Guilty
1. Sentencing Discount: An early guilty plea can
reduce your sentence by up to 25%, as it shows remorse and saves court
resources. The discount decreases for later pleas.
2. Negotiation Opportunities: Our traffic lawyers can
negotiate with prosecutors to reduce the charge (e.g., from aggravated to
standard dangerous driving) or amend the facts to reflect a less severe
incident.
3. Non-Custodial Sentences: Even with a guilty plea,
we can argue for alternatives to imprisonment, such as community correction
orders or ICOs, particularly for first-time offenders.
4. Faster Resolution: Pleading guilty avoids the
emotional and financial toll of a trial, allowing you to resolve the matter
sooner.
How We Support Guilty Pleas
At Nicopoulos
Sabbagh Lawyers, we build a compelling case for leniency by presenting:
• Character references highlighting your good
character and community contributions.
• A letter of apology or affidavit explaining
the circumstances and your remorse.
• Evidence of rehabilitation, such as completing a Traffic
Offender Intervention Program or counselling.
• Proof of hardship, such as the impact of
imprisonment or disqualification on your job or family.
Our Sydney
criminal lawyers regularly appear in courts across NSW, including
Downing Centre, Parramatta, and Blacktown, securing outcomes like reduced
sentences, shorter disqualifications, or non-custodial penalties for dangerous
driving clients.
Pleading Not Guilty to a Dangerous Driving Charge
If you
believe you’re innocent or the prosecution’s case is flawed, pleading not
guilty may be the best option. Your case will proceed to a defended
hearing or trial, where the prosecution must prove every element of
the offence beyond reasonable doubt. Here’s how it works:
Defences to Dangerous Driving Charges
Several
defences can lead to an acquittal or the charge being withdrawn. Common
defences include:
1. Driving Was Not Dangerous: This applies if your driving did NOT meet the threshold for being
dangerous, considering road conditions, traffic, or other factors.
2. Causation: This applies if the death or grievous
bodily harm was caused by something other than your driving (e.g., another
driver’s actions or a pedestrian’s behaviour), you may not be liable.
3. Mechanical Defect: This applies if a vehicle
malfunction (e.g., brake failure) caused the incident, we can argue you were
not at fault.
4. Duress or Necessity: This applies if you drove
dangerously to avoid greater harm (e.g., swerving to avoid a collision), this
could be a defence.
5. Mistaken Identity: This applies if you were not
the driver, we can challenge the prosecution’s evidence.
The Defended Hearing or Trial Process
At a
defended hearing or trial, both sides present evidence, and witnesses (e.g.,
police, experts, or bystanders) may be cross-examined. Our criminal defence
lawyers in Sydney will thoroughly analyse police reports, crash
reconstructions, toxicology results, and dashcam footage in the prosecution’s
case.
If the
court finds you not guilty, the charge is dismissed, and you face no penalties
or criminal record. Even if the prosecution’s case is strong, we may negotiate
to have the charge downgraded, reducing the severity of penalties.
Why Choose Nicopoulos Sabbagh Lawyers?
A dangerous
driving charge under Section 52A can threaten your
freedom, career, and future. At Nicopoulos Sabbagh Lawyers, we’re
committed to delivering exceptional legal representation tailored to your
needs. Here’s why clients across Sydney, NSW, trust us:
• Specialised Expertise: Our team has decades of
experience defending dangerous driving offences and other criminal
law and traffic law matters in NSW courts.
• Client-Centred Approach: We listen to your concerns
and provide you with straight forward advice which aligns with your goals.
• Proven Results: We’ve secured acquittals,
non-custodial sentences, and reduced penalties for clients facing serious
traffic charges.
• 24/7 Support: Legal issues don’t wait, and neither
do we. Our team is available around the clock for urgent advice.
How to Prepare for Your Dangerous Driving Case
Early
preparation is critical to achieving a favourable outcome. Here’s what you can
do:
1. Seek Legal Advice Immediately: Contact Nicopoulos
Sabbagh Lawyers for a free initial consultation to discuss
your case.
2. Gather Evidence: Collect any documents relating to
your case, dashcam footage, or witness statements that support your version of
events.
3. Consider Rehabilitation: Completing a Traffic
Offender Intervention Program or counselling can demonstrate remorse
and responsibility.
4. Document Impact: Provide evidence of how a
conviction or disqualification would affect your employment, family, or mental
health.
Contact Nicopoulos Sabbagh Lawyers Today
A dangerous
driving charge under Section 52A of the Crimes Act 1900 is
a serious legal challenge, but you don’t have to face it alone. At Nicopoulos
Sabbagh Lawyers, our criminal lawyers in Sydney are dedicated
to protecting your rights and securing the best outcome, whether that’s an
acquittal, a non-custodial sentence, or a reduced penalty. With our expertise
in criminal law and traffic law, we’ll fight tirelessly to
defend your future.
Don’t let a dangerous driving charge define you. Call us today at 02
9793 7016 or visit our website at www.nslaw.net.au to book
a free consultation. Let Nicopoulos Sabbagh Lawyers, your trusted
Sydney criminal law firm, guide you through this difficult time with
confidence and care.
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney Traffic Lawyers to
represent you in your Traffic Law Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law
matters. No matter is too complex for
Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book
your first Free Consultation today!
GOING
TO COURT?
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact your
Sydney Lawyers, Nicopoulos
Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 25th April 2025.
*Please note that
this page or any other pages on our website (including any other social media
platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
substitute for legal advice or even other professional advice. It should also
be noted that accessing of this information from this website does not create a client-lawyer
relationship.