Canberra & the ACT · Traffic
Dangerous and negligent driving charges in the ACT.
Dangerous driving and negligent driving are serious traffic offences in the ACT, and where they cause death or injury the penalties are heavy. They sit in the road transport law, separate from the culpable driving offence. The standard of driving, and causation, are the issues.
- Dangerous drivingUp to 5 yearss 7, aggravated
- Negligent (death)2 yearss 6
- CourtMagistrates CourtMostly summary
- Culpable drivingSeparate offences 29 Crimes Act, 14 years
The ACT offences.
Dangerous driving is about the manner of the driving measured against the standard of a competent driver. Negligent driving is a lower standard of fault. Where a death is caused by driving that is culpable, meaning negligent to a high degree or affected by alcohol or a drug, the more serious offence of culpable driving under s 29 of the Crimes Act 1900 (ACT) applies, which carries 14 years.
Penalties and where the matter is heard.
Dangerous and negligent driving are mostly summary matters heard in the ACT Magistrates Court, with disqualification available on conviction. Culpable driving is tried in the Supreme Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and the standard of driving and any harm bear on the outcome.
Defences and issues that matter.
The standard of driving.
The question is whether the driving fell below the standard the offence requires. Momentary inattention is not always dangerous or negligent driving, and the manner of driving is examined.
Causation.
Where death or injury is alleged, the prosecution must prove the driving caused it. Road conditions, mechanical factors and the conduct of others can be relevant.
The right charge.
The line between negligent driving, dangerous driving and culpable driving is often the key issue, because the penalties differ enormously.
How the matter is run.
The work is to test the standard of driving and causation, to obtain any reconstruction or mechanical evidence, and to place the matter in the right charge. Where a death or serious injury is involved, the difference between the driving offences is examined closely, because it decides the exposure.
Frequently asked.
What is the difference between dangerous and culpable driving in the ACT?
Dangerous driving under s 7 of the Road Transport (Safety and Traffic Management) Act 1999 (ACT) is about the manner of driving and carries up to 5 years. Culpable driving under s 29 of the Crimes Act 1900 (ACT) requires a high degree of negligence or incapacity and carries up to 14 years for causing death.
What is the penalty for negligent driving causing death in the ACT?
Up to 2 years under s 6 of the Road Transport (Safety and Traffic Management) Act 1999 (ACT), and up to 1 year where grievous bodily harm is caused.
Where are these driving matters heard in the ACT?
Dangerous and negligent driving are mostly summary matters heard in the ACT Magistrates Court. Culpable driving is tried in the ACT Supreme Court.
Is momentary inattention dangerous driving?
Not always. The question is whether the driving fell below the standard the offence requires. A momentary lapse may be negligent driving, or neither, rather than dangerous driving. The manner of driving is examined.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
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