Ok boys , this one it's not me .
I received an email , ask me some serious question i really
dunno how to answer .
" Can you advise me what is
the likely penalty for causing of death (2) in an accident due to
negligence? No alcohol involved.
I know license sure get
suspended. What about the likely fine or prison term? Are you
aware?
Thank you "
Fatal accident - temporary disqualification until convicted in
court, then made permanent. Ban likely 3-5 years for 1st
offender.
(There is a difference between suspension and disqualification,
suspension is when you go over the points limit, your license is
suspended but will be given back. Disqualification means no
license)
Sec 66 (1) Road Traffic Act - maximum penalty raised from 2 to 5
years for reckless driving causing death.
If cause of death due to carelessness likely fine from $5000 to
$8000. Since 2 victims, likely 2 fines.
If cause due to dangerous driving, likely fine + imprisonment, 6
weeks to 3 months.
If cause to reckless driving, imprisonment of 5 months and
upwards.
Factors: If repeat offender, ie; faced a charge of dangerous
driving under sec 64 before, higher penalties and jail
sentence.
If act was due to total disregard of life or other road users -
stiff sentence (reflected in raising of maximum penalty)
If visibility was poor, road condition was wet, driver was
driving within speed limit, pedestrians or other party was
reckless, a fine and disqualification is the usual tariff.
But if visibility was bad, road wet and driver sped above speed
limit, this is aggravating factor, jail term of 6 to 8 months for
1st offender. Since got 2 fatalities, consecutive sentence
likely.
It all depends on the circumstances of the case and whether the
driver has any previous convictions for dangerous, careless or
inconsiderate driving.
