Published by Geoff Harrison | 21 December 2024
Under s53 of the Crimes Act 1900, the offence of driving wantonly, furiously or by other misconduct or by wilful neglect causing any bodily harm carries a maximum penalty of 2 years imprisonment.
This offence is defined as a major traffic offence. Hence, upon conviction under s205(2)(d) of the Road Transport Act 2013, a person is disqualified from holding a driver's licence for an automatic period of 3 years with a potential minimum of 12 months disqualification. If it is a second offence, the automatic period of disqualification is 5 years with a potential minimum of 2 years disqualification upon conviction (s205(3)(d) of the Road Transport Act 2013).
Other Sources:
Cases:
R v Thornton [2024] NSWDC 77 ("Other misconduct")
Aslan v R [2015] NSWDC 185 ("Wanton" and "Furious")
Extracted Legislation:
CRIMES ACT 1900 - SECT 53
Injuries by furious driving etc
Whosoever, being at the time on horseback, or in charge of any carriage or other vehicle, by wanton or furious riding, or driving, or racing, or other misconduct, or by wilful neglect, does or causes to be done to any person any bodily harm, shall be liable to imprisonment for two years.
ROAD TRANSPORT ACT 2013 - SECT 4
Definitions
...
"major offence" means any of the following crimes or offences--
(a) an offence by a person (the
"offender" ), in respect of the death of or bodily harm to another person caused by or arising out of the use of a motor vehicle driven by the offender at the time of the occurrence out of which the death of or harm to the other person arose, for which the offender is convicted of--
(i) the crime of murder or manslaughter, or
(ii) an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900 ,
(b) an offence against section 51A, 51B or 52AB of the Crimes Act 1900 ,
(c) an offence against section 110(1), (2), (3)(a) or (b), (4)(a) or (b) or (5)(a) or (b),
(d) an offence against section 111, 112(1)(a) or (b), 117(2), 118 or 146,
(d1) a combined alcohol and drug driving offence,
(e) an offence against section 117(1) of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm),
(f) an offence against clause 16(1)(b), 17 or 18 of Schedule 3,
(g) an offence of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any crime or offence referred to in paragraph (a)-(f),
(h) any other crime or offence that, at the time it was committed, was a major offence for the purposes of this Act, the Road Transport (General) Act 2005, the Road Transport (General) Act 1999 or the Traffic Act 1909.
ROAD TRANSPORT ACT 2013 - SECT 205
Disqualification for certain major offences
(cf Gen Act, s 188)
(1) Definitions In this section--
"automatic disqualification" means a disqualification under this section from holding a driver licence without specific order of a court.
"convicted person" means a person who is convicted of a major offence.
"conviction" means the conviction in respect of which a person is a convicted person.
"ordered disqualification" means disqualification under this section from holding a driver licence that is ordered by a court.
(2) Disqualification if no previous major offence If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is not or has not been convicted of any other major offence or committed a major offence during that period that was dealt with by way of penalty notice (whether of the same or a different kind)--
(a) where the conviction is for an offence against section 110(1), (2) or (3) or 111(1) or (3)--
(i) the person is automatically disqualified for 6 months from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 3 months) of disqualification--the person is disqualified from holding a driver licence for such shorter period as may be specified in the order, or
(b) where the conviction is for an offence against section 110(4)--
(i) the person is automatically disqualified for 12 months from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or
(b1) where the conviction is for an offence against section 111A(2)--
(i) the person is automatically disqualified for 2 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 12 months, or longer period of disqualification--the person is disqualified from holding a driver licence for the period specified in the order, or
(c) where the conviction is for an offence against clause 17(1)(a), (b) or (c) or 18 of Schedule 3--
(i) the person is automatically disqualified for 3 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or
(c1) where the conviction is for an offence against section 111A(1)--
(i) the person is automatically disqualified for 4 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 18 months, or longer period of disqualification--the person is disqualified from holding a driver licence for the period specified in the order, or
(d) where the conviction is for any other offence--
(i) the person is automatically disqualified for a period of 3 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order.
(3) Disqualification if previous major offence If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is or has been convicted of one or more other major offences or committed a major offence during that period that was dealt with by way of penalty notice (whether of the same or a different kind)--
(a) where the conviction is for an offence against section 110(1), (2) or (3) or 111(1) or (3)--
(i) the person is automatically disqualified for 12 months from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or
(a1) where the conviction is for an offence against section 111A(3)--
(i) the person is automatically disqualified for 2 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 18 months, or longer period of disqualification--the person is disqualified from holding a driver licence for the period specified in the order, or
(b) where the conviction is for an offence against section 110(4)--
(i) the person is automatically disqualified for 3 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or
(b1) where the conviction is for an offence against section 111A(2)--
(i) the person is automatically disqualified for 4 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 2 years, or longer period of disqualification--the person is disqualified from holding a driver licence for the period specified in the order, or
(c) where the conviction is for an offence against clause 17(1)(a), (b) or (c) or 18 of Schedule 3--
(i) the person is automatically disqualified for 5 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or
(c1) where the conviction is for an offence against section 111A(1)--
(i) the person is automatically disqualified for 6 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 3 years, or longer period of disqualification--the person is disqualified from holding a driver licence for the period specified in the order, or
(d) where the conviction is for any other offence--
(i) the person is automatically disqualified for 5 years from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 2 years) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order.
(4) Calculation of disqualification periods in case of multiple offences If 2 or more convictions of a person are made, whether or not at the same time, for crimes or offences arising out of a single incident involving the use of a motor vehicle or trailer, other than for an offence against section 111A(1), (2) or (3), the following provisions apply--
(a) for the purpose of ascertaining which of subsections (2) and (3) should apply in relation to any such conviction--
(i) the other of those convictions are to be disregarded, and
(ii) subsection (2) or (3) (as the case may require) is, accordingly, to be the applicable subsection,
(b) the maximum period of automatic disqualification in respect of all those crimes or offences is to be--
(i) if subsection (2) is applicable--3 years, or
(ii) if subsection (3) is applicable--5 years,
(c) any minimum period of ordered disqualification is, in respect of those crimes or offences, to be disregarded to the extent that the total period of ordered and (where relevant) automatic disqualification would exceed--
(i) where subsection (2) is applicable--12 months, or
(ii) where subsection (3) is applicable--2 years.
However, nothing in paragraph (c) prevents the court, if it thinks fit, from making any order it could have made if that paragraph had not been enacted.
(4A) Calculation of disqualification periods in case of multiple offences including a combined alcohol and drug driving offence If 2 or more convictions of a person are made, whether or not at the same time, for crimes or offences arising out of a single incident involving the use of a motor vehicle or trailer, and one of the offences is an offence against section 111A(1), (2) or (3), the following provisions apply--
(a) for the purpose of ascertaining whether subsection (2) or (3) should apply in relation to the conviction--
(i) the other of those convictions are to be disregarded, and
(ii) subsection (2) or (3), as the case may require, is, accordingly, to be the applicable subsection,
(b) the maximum period of automatic disqualification for all crimes or offences is to be--
(i) if subsection (2) is applicable--4 years, or
(ii) if subsection (3) is applicable--6 years,
(c) a minimum period of ordered disqualification is, for the crimes or offences, to be disregarded to the extent that the total period of ordered and, where relevant, automatic disqualification would exceed--
(i) where subsection (2) is applicable--18 months, or
(ii) where subsection (3) is applicable--3 years.
However, nothing in paragraph (c) prevents the court, if it thinks fit, from making an order it could have made if paragraph (c) had not been enacted.
(5) Disqualification in addition to any other penalty Any disqualification under this section is in addition to any penalty imposed for the offence.
(6) Relationship to Division 2 This section does not (except as provided by section 212(2)) apply to a person to whom Division 2 applies.
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