Failing to Stop & Assist After Impact Lawyers Sydney
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Expert Defence To Protect Your Licence & Record
Facing a charge for failing to stop and assist after an impact in NSW has severe consequences, including a criminal record, lengthy licence disqualification, and even a term of imprisonment.Â
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist criminal lawyers are dedicated to achieving the best possible outcome, whether that’s having the charge withdrawn, or persuading the Local Court to grant a non-conviction order to protect your licence and record.
We provide specialist legal advice and representation for all matters related to this offence, including:
- The Offence of Failing to Stop & Assist
- Penalties Under the Crimes Act 1900 (NSW) & Road Transport Act 2013 (NSW)
- Impact Causing Injury vs. Grievous Bodily Harm or Death
- What the Prosecution Must Prove
- Possible Defences for Failing to Stop
- Avoiding Conviction & Licence Disqualification
What is the Offence of Failing to Stop and Assist?
In NSW, every driver has a legal duty to stop and provide assistance after being involved in an impact that injures another person. This is a serious criminal offence, and the specific charge depends on the severity of the outcome. The law is primarily governed by two separate Acts, creating a complex legal landscape for any person charged with this offence.
A charge may be laid under the Road Transport Act 2013 (NSW) if a vehicle is involved in an impact causing injury, the driver knew (or ought to have known) about it, and they failed to stop and give any assistance that may be necessary. This is one of the most serious driving offences under the Act.
When an impact causing death or grievous bodily harm occurs, the offence is elevated to a charge under the Crimes Act 1900 (NSW). The penalties are far more severe and can include significant terms of imprisonment, reflecting the gravity of failing to stop and assist in these critical situations.
Penalties for Failing to Stop and Assist in NSW
Understanding the potential penalties for the offence of failing to stop and assist after impact is critical. As one of the most serious driving offences in NSW, the consequences are severe and depend entirely on whether you are charged under the Road Transport Act 2013 (NSW) or the more serious Crimes Act 1900 (NSW).
The penalties escalate significantly based on the level of harm caused and your traffic history. A conviction for this criminal offence will result in a criminal record, which can impact your life and employment. Our expert criminal lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driving licence.
Penalties under the Road Transport Act 2013 (NSW)
This charge applies when an impact causes injury to another person. The Local Court can impose the following penalties:
For a First Major Offence:
| Maximum Penalty | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| 18 months imprisonment | 3 years | 12 months |
For a Second or Subsequent Major Offence:
| Maximum Penalty | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| 2 years imprisonment | 5 years | 2 years |
Penalties under the Crimes Act 1900 (NSW)
If the impact results in very serious injury or death, the charge is elevated to an offence under the Crimes Act 1900 (NSW), which carries significantly higher maximum penalties.
- Impact Causing Death:Â Maximum penalty of 10 years imprisonment.
- Impact Causing Grievous Bodily Harm (GBH):Â Maximum penalty of 7 years imprisonment.
It Is Possible To Avoid A Conviction & Licence Disqualification
An expert defence is essential when facing such serious consequences. The criminal lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can build a strategic defence to have the charge withdrawn or downgraded, particularly from a Crimes Act 1900 (NSW) offence to a less serious charge under the Road Transport Act 2013 (NSW).
If you plead guilty, we can prepare a thorough and persuasive case for leniency, arguing for a non-conviction order to help you avoid a criminal record and licence disqualification.
Pleading 'Not Guilty' to a Fail to Stop Offence
If you believe you are not guilty of the offence, you have the right to plead ‘not guilty’ and have the matter defended in court. For the prosecution to succeed, they must prove every element of the charge beyond a reasonable doubt. If there are holes in the police evidence or you have a valid defence, you may be acquitted.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we will meticulously examine the prosecution’s case and advise you on your prospects of success. Possible defences for failing to stop and assist may include:
- You were not the driver:Â The police must prove you were the person driving the vehicle at the time of the impact.
- You were unaware of the impact:Â You did not know, and could not reasonably have known, that an impact causing injury had occurred.
- You did stop and give assistance:Â You complied with your legal duties to the best of your ability in the circumstances.
- Duress or Necessity:Â You were forced to leave the scene against your will, or did so to avoid a greater harm from occurring.
- Injury:Â You were injured in the accident yourself, which prevented you from being able to provide assistance to anyone else.
Our criminal lawyers are experts in identifying weaknesses in the prosecution case and building a strong defence to protect your name and your licence.
Pleading 'Guilty' to a Fail to Stop Offence
If you accept the charge and decide to plead guilty, our role shifts to securing the most lenient outcome possible. Pleading guilty does not automatically mean you will face the maximum penalty. With expert legal representation, you can still achieve an excellent result and, in some cases, avoid a conviction and licence disqualification entirely.
Our defence lawyers specialise in preparing thorough and persuasive submissions for the Local Court. We focus on several key strategies to seek leniency:
- Early Plea:Â Pleading guilty at the earliest opportunity shows remorse and entitles you to a discount on your sentence.
- Negotiating the Facts:Â We can often negotiate with the police to amend the summary of facts to ensure it is accurate and presents you in a more favourable light to the court.
- Character References & Apology:Â We guide you in gathering powerful good character references and preparing a sincere letter of apology to show the court this behaviour was out of character.
- Traffic Offenders Program:Â Completing an approved traffic offenders program demonstrates your commitment to safe driving and rehabilitation.
Our goal is to convince the court to grant you leniency, arguing for a non-conviction order like a section 10 dismissal or a Conditional Release Order without conviction. This would mean you avoid a criminal record, demerit points, and licence disqualification.
What the Police Must Prove
To be found guilty of failing to stop and assist after an impact, the prosecution carries the full burden of proving every essential element of the offence beyond a reasonable doubt. A failure to prove even one of these elements means you must be found not guilty.
The specific elements depend on whether the charge is under the Crimes Act 1900 (NSW) or the Road Transport Act 2013 (NSW). For the most serious offence of failing to stop after an impact causing death or grievous bodily harm, the police must prove that:
- You were the person driving a vehicle;
- The vehicle was involved in an impact that caused the death of, or grievous bodily harm to, another person;
- You knew, or ought to have reasonably known, about the impact and that it caused death or grievous bodily harm; and
- You failed to stop and give any assistance that was necessary and within your power to give.
Challenging the police evidence is a key part of our defence strategy. We will hold the prosecution to the highest standard of proof to ensure your rights are protected at every stage.
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When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a history of successfully defending clients charged with failing to stop and assist. We focus on getting charges downgraded from the serious Crimes Act 1900 (NSW) offence, securing 'not guilty' verdicts, and protecting our clients from imprisonment.
EXPERT FAIL TO STOP LAWYERS
This offence straddles both criminal and traffic law. Our senior lawyers have over 40 years of combined experience exclusively in these areas, providing a critical advantage in navigating the complexities of both the Crimes Act 1900 (NSW) and the Road Transport Act 2013 (NSW).
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A charge for failing to stop and assist after impact has life-altering consequences. We offer a free, urgent Strategy Session to assess your case and outline your defence. Our team is available 24/7 because immediate advice is vital when your liberty is at stake.
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FAQs
What is the offence of failing to stop and assist?
In NSW, it is a serious criminal offence for a driver to be involved in an impact that causes injury or death to another person and fail to stop and give any necessary assistance that is within their power to provide.
What is the difference between a charge under the Crimes Act 1900 (NSW) and the Road Transport Act 2013 (NSW)?
A charge under the Crimes Act 1900 (NSW) is far more serious and applies when an impact causes death or grievous bodily harm (GBH). A charge under the Road Transport Act 2013 (NSW) applies when an impact causes any other level of injury.
Is failing to stop and assist a criminal offence?
Yes, it is a serious criminal offence that carries severe penalties, including potential imprisonment and a criminal record upon conviction.
What does the law consider an ‘impact’?
The definition is very broad. It includes a collision with another person or vehicle, hitting an object that then injures someone, a person falling from your vehicle, or even something falling from your vehicle and causing a crash.
What is ‘grievous bodily harm’ (GBH)?
Grievous bodily harm (GBH) means a ‘really serious’ injury. While not a complete list, the courts have considered injuries like fractured bones, severe facial wounds requiring stitches, and other permanent or serious disfigurements to be GBH.
What must the police prove for me to be found guilty?
The prosecution must prove beyond a reasonable doubt that you were the driver, your vehicle was involved in an impact causing injury, you knew or should have known about it, and you failed to stop and provide necessary assistance.
What are the penalties if the impact causes injury under the Road Transport Act 2013 (NSW)?
For a first major offence, the maximum penalty is 18 months imprisonment and/or a fine, with an automatic licence disqualification of 3 years (which can be reduced to a minimum of 12 months).
What if this is my second major traffic offence?
The penalties increase significantly. The maximum penalty becomes 2 years imprisonment, and the automatic licence disqualification is 5 years (which can be reduced to a minimum of 2 years).
What are the penalties if the impact causes grievous bodily harm (GBH)?
If charged under the Crimes Act 1900 (NSW), failing to stop after an impact causing GBH carries a maximum penalty of 7 years imprisonment.
What are the penalties if the impact causes death?
This is the most serious form of the offence. Under the Crimes Act 1900 (NSW), it carries a maximum penalty of 10 years imprisonment.
Will I definitely lose my licence if convicted?
Yes, a conviction for this offence results in a mandatory licence disqualification. The only way to avoid disqualification is to persuade the court to grant a non-conviction order.
Is it possible to avoid a conviction and licence disqualification?
Yes, it is possible. An expert criminal lawyer can prepare a strong case for leniency and argue for a non-conviction order, such as a section 10 dismissal. If successful, you avoid a criminal record and licence disqualification.
What are some possible defences for failing to stop?
There are several possible defences, including that you were not the driver of the vehicle, you were unaware of the impact, you were injured yourself and unable to help, or that you acted under duress or out of necessity.
What if I didn’t know an impact had happened?
This can be a valid defence. The prosecution must prove that you either knew about the impact or that a reasonable person in your position ought to have known that an impact causing injury had occurred.
What if I was injured and couldn’t help?
If you were injured in the accident to the extent that it prevented you from being able to provide assistance to another person, this can be raised as a defence to the charge.
Will I get a criminal record for this offence?
If you are convicted by the court, you will receive a criminal record. The only way to avoid a criminal record is to be found ‘not guilty’ or to receive a non-conviction order.
What happens if I plead ‘not guilty’?
Your case will be set for a defended hearing in court. The prosecution must then present its evidence and prove every element of the offence beyond a reasonable doubt. If they cannot, you will be acquitted.
What happens if I plead ‘guilty’?
If you plead guilty, your case will proceed to a sentencing hearing. Our role is to present a powerful and persuasive case to the court, arguing for the most lenient outcome possible to minimise the penalties you face.
Will I definitely go to jail for this offence?
Imprisonment is a maximum penalty, not a mandatory one. While it is a very real risk, particularly for charges under the Crimes Act 1900 (NSW), an expert legal defence gives you the best chance of avoiding a jail sentence.
How can a lawyer help me with a fail to stop charge?
An expert criminal lawyer can analyse the evidence for weaknesses, identify potential defences, negotiate with police to have the charge downgraded or withdrawn, and represent you in court to fight for the best possible result.
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