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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*This article correctly reflects the Laws of NSW as at 23RD October 2023.
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