Introduction: A Tougher Stance on Dangerous Driving in NSW

Over the past few years, New South Wales (NSW) has seen a growing public demand for stricter responses to dangerous driving offences. Courts are under increasing pressure to impose harsher penalties, and lawmakers have introduced reforms to ensure dangerous driving is treated as the serious criminal offence that it is.

If you are charged with dangerous driving in NSW — whether causing death, grievous bodily harm, or simply reckless conduct behind the wheel — it is essential to understand how sentencing trends have shifted. At Jones Hardy Law, we believe that knowledge is power, particularly when your freedom and future are at stake.

This article will walk you through what dangerous driving means under NSW law, the penalties you could face, recent sentencing trends, and what steps you should take if you find yourself before the court.

What Constitutes Dangerous Driving in NSW?

Dangerous driving is primarily governed by Section 52A of the Crimes Act 1900 (NSW). It covers several serious offences, including:

• Dangerous Driving Occasioning Death
  
• Dangerous Driving Occasioning Grievous Bodily Harm
  

To prove a dangerous driving charge, the prosecution must establish that you were:

• Driving a motor vehicle in a dangerous manner;
  
• Under the influence of alcohol, drugs, or fatigue; or
  
• Driving at excessive speed or dangerously in all the circumstances.
  

It is important to note that you do not need to intend harm for dangerous driving charges to apply. It is your conduct behind the wheel — judged against what a reasonable person would do — that the court will assess.

Penalties for Dangerous Driving: The Legal Framework

The maximum penalties for dangerous driving offences are significant:

Offence	Maximum Penalty
Dangerous Driving Occasioning Death	10 years’ imprisonment
Aggravated Dangerous Driving Occasioning Death	14 years’ imprisonment
Dangerous Driving Occasioning Grievous Bodily Harm	7 years’ imprisonment
Aggravated Dangerous Driving Occasioning Grievous Bodily Harm	11 years’ imprisonment

Aggravating factors include:

• High level of intoxication
  
• Excessive speeding
  
• Street racing
  
• Prolonged or deliberate reckless driving
  

Importantly, penalties are not limited to prison. A conviction may also lead to:

• Disqualification from driving (mandatory periods apply)
  
• Hefty fines
  
• Community Correction Orders (for less serious cases)
  
• Supervised good behaviour bonds
  

New Sentencing Trends in NSW: What Offenders Must Understand

Recent developments show that courts are increasingly reluctant to impose non-custodial penalties for serious dangerous driving offences.

Here’s what the trends reveal:

1. Harsher Penalties for Aggravated Cases

If your offence involves alcohol, drugs, or deliberate recklessness, courts are far more likely to impose full-time imprisonment.

Judges are sending a strong message: serious breaches of road safety will attract custodial sentences, even for first-time offenders.

2. Community Safety Now a Priority

Sentencing remarks often emphasise general deterrence — the need to protect the public and deter others from similar conduct.

As a result, even when personal circumstances (like remorse or hardship) exist, the safety of the public often outweighs leniency.

3. Early Guilty Pleas Matter More Than Ever

Entering a guilty plea at an early stage can result in a substantial discount on sentence — often around 25%. This is a key strategic decision that must be made carefully, with advice from your lawyer.

4. Driving History Scrutinised Closely

A poor driving record — even without criminal convictions — will weigh heavily against you. The courts view repeat traffic infringements as evidence of disregard for road safety.

Conversely, a clean driving record may provide some mitigation, but it is not a shield against imprisonment in serious cases.

Building a Strong Defence: What You Should Do Immediately

If you are charged with dangerous driving, time is critical. Every decision you make from the outset can impact the final outcome.

At Jones Hardy Law, we recommend:

• Seeking legal advice immediately — do not attempt to deal with police or courts alone.
  
• Gathering evidence — witness statements, dashcam footage, and expert reports can be crucial.
  
• Addressing underlying issues — if alcohol, drug use, or mental health contributed, taking proactive steps (like counselling) can demonstrate rehabilitation.
  
• Preparing for sentencing — if a guilty plea is inevitable, strong character references, evidence of remorse, and evidence of future prospects will be vital.
  

Aggravating vs. Mitigating Factors in Sentencing

Courts will consider both aggravating and mitigating factors before deciding your sentence.

Aggravating Factors Include:

• High-range blood alcohol concentration
  
• Excessive speeding
  
• Deliberate or sustained dangerous conduct
  
• Prior criminal or driving record
  
• Presence of passengers (especially children) at risk
  

Mitigating Factors Include:

• Early guilty plea
  
• Genuine remorse
  
• Good character and references
  
• Clean prior driving history
  
• Demonstrated rehabilitation efforts (e.g., completing a traffic offenders program)
  

Understanding how to present these factors effectively is critical — and it can mean the difference between a custodial sentence and a community-based alternative.

The Importance of Legal Representation

Facing a dangerous driving charge without experienced legal representation is extremely risky.

At Jones Hardy Law, we:

• Analyse police evidence for weaknesses
  
• Identify any legal defences (such as challenging dangerousness or causation)
  
• Advise whether an early guilty plea is appropriate
  
• Prepare comprehensive submissions for sentencing
  
• Appear at court hearings to advocate for the most favourable outcome
  

Our goal is always to minimise the impact on your freedom, livelihood, and future.

Common Defences to Dangerous Driving Charges

While every case is unique, common defences include:

• Disputing dangerousness — arguing that the driving was careless, but not criminally dangerous.
  
• Mechanical failure — if a car defect contributed to the accident.
  
• Medical emergency — if sudden illness caused the loss of control.
  
• Causation — where dangerous driving did not cause the harm alleged.
  

Defences must be carefully assessed against the evidence and built early.

Conclusion: Dangerous Driving in NSW Demands a Serious Legal Response

With courts taking a harder line on dangerous driving, understanding your legal rights — and acting quickly — is more important than ever.

If you have been charged with dangerous driving, Jones Hardy Law can provide the expert guidance, strategic advocacy, and tactical defence planning needed to secure the best possible outcome.

Don’t leave your future to chance. Take decisive action today.
If you are facing dangerous driving charges in NSW, visit JonesHardyLaw.com.au to book a free consultation. Protect your rights, your licence, and your future with the experts you can trust.

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225 Clarence Street
Sydney NSW 2000

CALL: (02) 7257 0384

Email: [email protected]