Are there life imprisonment sentences for a traffic offence? Yes, it’s possible. Serious driving offences can cause grievous bodily harm, or even death. With that, you may face a charge that has a life imprisonment penalty under the Crimes Act 1900.
Life imprisonment is a sentence reserved for the most serious offenders, those deemed to pose an ongoing threat to society. Mandatory life sentences should not be confused with the death penalty. Within the imposing walls of New South Wales’ correctional facilities, individuals grapple with the weight of their crimes and the stark reality of their indefinite incarceration.
What Is Life Imprisonment in Australia?
Life imprisonment is the most severe penalty available to the State and Territory Supreme Courts in Australia. This penalty is the strictest kind that a court can impose in Australia. In most cases, courts impose these only for murder. However, it can also be imposed, albeit rarely, for sexual assault, manufacturing and trafficking commercial quantities of illicit drugs, and offences against the justice system and government security.
In NSW, if an individual receives a life sentence, this orders the offender to spend the rest of their natural life in prison unless the court has set a non-parole period. For cases of murder, aggravated sexual assault in company, sexual intercourse with a child under 10, and drug offences carrying a maximum penalty of life imprisonment in NSW, life means life; in other words, the court orders the offender to spend the rest of their natural lives behind bars, unless the court sets a non-parole period.
What Are Serious Driving Offences in NSW?
In New South Wales (NSW), a serious driving offence in NSW occurs when a person drives a vehicle in a way that causes, or is likely to cause, death or serious injury. These offences are major traffic offences and the District Court deals with it. Here are some serious driving offences in NSW:
- Negligent driving offence. One that causes death or serious injury without speeding or being under the influence of alcohol or drugs. An example of a negligent driving offence: when a driver is texting on a mobile phone, which causes an accident, resulting in death or serious injury. The maximum court-imposed fine for this offence is AUD 3300 for the first offence and AUD 5500 for the second offence.
- Dangerous driving offence. This one causes death or serious injury because of speeding or being under the influence of alcohol or drugs.
- Reckless driving offence. The driver knowingly or carelessly driving in a way which seriously endangers other road users and community members and creates an obvious and serious risk of causing physical injury to other road users or substantial property damage.
Other Offences
- Furious driving offence. The driver knowingly or carelessly driving at a speed which seriously endangers other road users and community members or creates an obvious and serious risk of causing physical injury to other road users.
- Predatory driving offence. In this driving offence, the driver is driving to pursue another vehicle, intending to cause a collision or impact between the 2 vehicles.
- Menacing driving offence. The driver is driving in any way that is meant to threaten or appear threatening to another person or property.
- Police pursuit offences. A police pursuit is when you knowingly drive a vehicle dangerously or at high speed and fail to comply with police when they ask you to pull over. We also refer to this offence as a hoon offence, and it carries severe penalties.
Life Imprisonment for Traffic Offences Under the Crimes Act
If the above list of serious driving offences in NSW results in the following crimes under the Crimes Act, the driver can receive a heavier penalty or, even life imprisonment or 25 years maximum prison term:
- Murder. Murder is committed when the accused, or someone who assisted them, did or did not do anything that resulted in the death charge. If the court convicts the accused of this crime, he will suffer the penalty of life imprisonment or a 25-year prison sentence.
- Murder of police officers. The Crimes Act mandates that a court must impose a mandatory life sentence penalty for the murder of a police officer if the offender commits the murder:
- while the police officer was executing his or her duty, or
- as a consequence of, or in retaliation for, actions undertaken by that or any other police officer in the execution of his or her duty,
- and if the person convicted of the murder:
- knew or ought reasonably to have known that the person killed was a police officer, and
- intended to kill the police officer or was engaged in criminal activity that risked serious harm to police officers.
Other Offences
- Intent to cause grievous bodily harm. Section 33 of the Crimes Act punishes an offender with imprisonment for 25 years if such person wounds another or causes grievous bodily harm to any person who also commits a serious driving offence. The offender must have the intent to cause grievous bodily harm to another person to be guilty of this offence.
- Intent to resist arrest. The same section also imposes 25 years of imprisonment if a person who commits a traffic offence wounds another person and causes grievous bodily harm to him or her with intent to resist or prevent his or her (or another person’s) lawful arrest or detention.
Facing Traffic Offences in New South Wales
If you are facing traffic offences in New South Wales, it is crucial to seek expert legal representation. Navigating the complexities of the NSW traffic law system can be challenging. The consequences of a conviction can be severe. An experienced traffic offence lawyer can provide you with the guidance and support you need to protect your rights and achieve the best possible outcome.
Here are some of the benefits of hiring a traffic and criminal offence lawyer:
- Can help you dismiss or reduce your ticket.
- Can help you avoid a license suspension or revocation.
- Can help you negotiate a better plea deal.
- Can represent you in the local or supreme court.
- Can help with armed robbery, assault occasioning bodily harm cases, and other criminal offences
Don’t hesitate to seek legal advice from our traffic offence lawyers at JB Solicitors. We can help you out with all your traffic and criminal law matters. Contact us today if you want to learn more about life sentences.
