In New South Wales, the offence of failing to stop after an
impact causing death is a serious offense under the Road Transport Act 2013.
This offence is also commonly referred to as a ‘hit-and-run’ or ‘fail-to-stop’
offence.
If a driver is involved in a motor vehicle collision that
results in the death of another person, they are legally required to stop at
the scene, provide assistance to any injured persons,
and provide their personal and contact information to the appropriate
authorities or individuals involved.
Failing to stop after an impact causing injury OR death is a
very serious criminal offence. section 146 of the Road Transport Act
2013 (NSW) deals with this offence and it should be noted that this offence
can result in severe penalties. If convicted, the penalties may include:
1. Imprisonment: The
court may impose a term of imprisonment of 18 months for a first offence or 2
years imprisonment if this is the person’s second or subsequent conviction
within a 5-year period of a ‘major traffic offence.’
It should be noted that the sentence
to be imposed by the Court can vary depending on the circumstances of the case
and the driver’s level of culpability.
2. Driver Licence
Disqualification: The court may also impose a disqualification period
of a person’s drivers’ licence upon conviction. If it is the person’s first
major offence within 5 years, upon conviction the offence will attract an
automatic period of disqualification of 3 years and a minimum period of
disqualification of 12 months.
If this is the defendant’s second or
subsequent major traffic offence within a 5-year period, then upon conviction
this offence can attract an ‘automatic’ period of 5 years disqualification and
a minimum period of disqualification of 2 years.
3. Fines: Fines may be
imposed, and the amount can vary based on the severity of the offence.
It’s important to note that the specific penalties and legal
procedures may vary based on the circumstances of the case and the court’s
discretion. If you have been involved in such an incident or require legal
advice, it is highly recommended to consult with an experienced, qualified
legal professional who can provide guidance based on the most current NSW laws
and regulations.
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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 Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 23RD
October 2023.
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