New South Wales Repealed Acts

This legislation has been repealed.

CRIMES AMENDMENT (ROAD ACCIDENTS) (BRENDAN'S LAW) ACT 2005 - SCHEDULE 1

SCHEDULE 1 – Amendment of Crimes Act 1900

(Section 3)

Section 52AB

Insert after section 52AA:

52AB Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm

(1) A person is guilty of an offence if:

(a) a vehicle being driven by the person is involved in an impact occasioning the death of another person, and

(b) the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and

(c) the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.

Maximum penalty: imprisonment for 10 years.

(2) A person is guilty of an offence if:

(a) a vehicle being driven by the person is involved in an impact occasioning grievous bodily harm to another person, and

(b) the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and

(c) the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.

Maximum penalty: imprisonment for 7 years.

(3) The provisions of section 52A (5) and (6) (which prescribe circumstances in which a vehicle is taken to be involved in an impact) apply for the purposes of this section in the same way as they apply for the purposes of section 52A.

(4) In this section, "vehicle" has the same meaning as it has in section 52A.