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Background note: What are "serious road crime" offences?
The Attorney General has asked us to review the law on serious road crime. To help guide preliminary submissions, this page sets out some offences that could be relevant to our review.
Offences under the Crimes Act 1900 (NSW) (Crimes Act)
Our terms of reference require us to consider serious road and dangerous driving offences under the Crimes Act. Relevant offences may include:
| Offence | Maximum penalty |
| Manslaughter: Crimes Act s 18 | 25 years' imprisonment |
| Aggravated dangerous driving occasioning death: Crimes Act s 52A(2) | 14 years' imprisonment |
| Aggravated dangerous driving occasioning grievous bodily harm: Crimes Act s 52A(4) | 11 years' imprisonment |
| Dangerous driving occasioning death: Crimes Act s 52A(1) | 10 years' imprisonment |
| Failing to stop and assist after vehicle impact causing death or grievous bodily harm: Crimes Act s 52AB | 10 years' imprisonment in the case of death 7 years' imprisonment in the case of grievous bodily harm |
| Dangerous driving occasioning grievous bodily harm: Crimes Act s 52A(3) | 7 years' imprisonment |
| Predatory driving: Crimes Act s 51A | 5 years' imprisonment |
| Failing to stop and driving recklessly or at a speed or in a manner dangerous to others in response to a police pursuit: Crimes Act s 51B | 3 years' imprisonment for a first offence 5 years' imprisonment for a subsequent offence |
| Causing actual bodily harm while in charge of a vehicle by wanton or furious driving, racing or other misconduct, or by wilful neglect: Crimes Act s 53 | 2 years' imprisonment |
Offences under the Road Transport Act 2013 (NSW) (Road Transport Act)
Certain offences under the Road Transport Act could also be relevant to our review. These may include:
Presence of prescribed concentration of alcohol (PCA) in person’s breath or blood
| Offence | Maximum penalty |
| High range PCA: Road Transport Act s 110(5) | 30 penalty units and/or 18 months' imprisonment for a first offence 50 penalty units and/or 2 years' imprisonment for a subsequent offence |
| Middle range PCA: Road Transport Act s 110(4) | 20 penalty units and/or 9 months' imprisonment for a first offence 30 penalty units and/or 12 months' imprisonment for a subsequent offence |
Novice range PCA: Road Transport Act s 110(1) Special range PCA: Road Transport Act s 110(2) Low range PCA: Road Transport Act s 110(3) |
20 penalty units for a first offence 30 penalty units for a subsequent offence |
Presence of both prescribed illicit drug in person’s oral fluid, blood or urine and PCA in person’s breath or blood
| Offence | Maximum penalty |
High range PCA: Road Transport Act s 111A(1)
|
50 penalty units and/or 2 years' imprisonment for a first offence 100 penalty units and/or 2 years' imprisonment for a subsequent offence |
| Second or subsequent offence of combined alcohol and drug driving offence: Road Transport Act s 111A(3) | 50 penalty units and/or 18 months' imprisonment |
| Middle range PCA: Road Transport Act s 111A(2) | 30 penalty units and/or 18 months' imprisonment for a first offence 60 penalty units and/or 2 years' imprisonment for a subsequent offence |
Other offences
| Offence | Maximum penalty |
| Use or attempted use of a vehicle under the influence of alcohol or any other drug: Road Transport Act s 112 |
30 penalty units and/or 18 months' imprisonment for a first offence 50 penalty units and/or 2 years' imprisonment for a subsequent offence |
| Driving a motor vehicle negligently occasioning death: Road Transport Act s 117(1)(a) | 30 penalty units and/or 18 months' imprisonment for a first offence 50 penalty units and/or 2 years' imprisonment for a subsequent offence |
Driving a motor vehicle in a manner that menaces another person with the intention of menacing that other person: Road Transport Act s 118(1)
|
30 penalty units and/or 18 months' imprisonment for a first offence 50 penalty units and/or 2 years' imprisonment for a subsequent offence |
Driving a motor vehicle in a manner that menaces another person, if the person ought to have known that the other person might be menaced: Road Transport Act s 118(2) |
20 penalty units and/or 12 months' imprisonment for a first offence 30 penalty units and/or 18 months' imprisonment for a subsequent offence |
| Driving a motor vehicle negligently occasioning grievous bodily harm: Road Transport Act s 117(1)(b) | 20 penalty units and/or 9 months' imprisonment for a first offence 30 penalty units and/or 12 months' imprisonment for a subsequent offence |
Driving a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public: Road Transport Act s 117(2)
|
20 penalty units and/or 9 months' imprisonment for a first offence 30 penalty units and/or 12 months' imprisonment for a subsequent offence |
Organising, promoting or taking part in road races, attempts on speed records and other speed trials without approval: Road Transport Act s 115
|
30 penalty units for a first offence 30 penalty units and/or 9 months' imprisonment for a subsequent offence |
| Various conduct associated with road and drag racing and other activities: Road Transport Act s 116(2) | 30 penalty units for a first offence 30 penalty units and/or 9 months' imprisonment for a subsequent offence |
| Presence of prescribed illicit drug in person's oral fluid, blood or urine: Road Transport Act s 111 |
20 penalty units for a first offence 30 penalty units for a subsequent offence |
Last updated:
25 Aug 2023
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