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:

15 Mar 2024

Was this content useful?
We will use your rating to help improve the site.
Please don't include personal or financial information here
Please don't include personal or financial information here

We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.

Top Return to top of page Top