The legislation known as Crimes Amendment (Roads Accidents) (Brendan’s Law) Act 2005 comes into effect from Monday 13 February 2006. The act is known as Brendan’s Law in memory of nine (9) year old Brendan Saul who tragically died in a hit and run accident in Dubbo in 2004. The legislation was largely introduced as a result of a concerted campaign by Brendan’s father.
The essence of the new legislation is to increase the maximum penalty for drivers who fail to stop after a vehicle collision to ten (10) years imprisonment where a person has been killed and up to a maximum of seven (7) years imprisonment in the case of where a person suffers grievous bodily harm.
The legislation applies to drivers who flee after an impact and know or “ought reasonably to have know” that death or grievous bodily harm was caused by the impact. The legislation therefore extends the mental element of the offence beyond actual knowledge to an objective element of what a person ought reasonably to have known. The legislation also broadly defines the concept of impact to include not only collisions between vehicles but also vehicles and objects or vehicles and objects that have fallen from another vehicle or a person falling or being thrown from a vehicle.
In passing the legislation parliament described the three main aims of the new legislation as being:-
1. to encourage and ensure drivers do not leave the scene and are therefore in a position to provide assistance to the injured which may ultimately save a life or at the very least reduce suffering and preserve the dignity of the injured or deceased.
2. to provide community recognition of the seriousness of this offence through increased penalties an offence that parliament described as (the breaching of a fundamental code of civilized society).
3. to close an existing legal loophole in the penalty structure that existed for those drivers who flee or evade police after an accident.
One of the provisions of the new act that has attracted comment is the requirement that a person stop and give assistance that may be necessary and that is in his or her power to give to a person who has suffered grievous bodily harm as a result of a collision with their vehicle. Parliament was at pains to make the point that this does not require a person to provide medical assistance for which they are not trained or qualified or indeed even to perform a rescue in dangerous circumstances. The provision is said to require a driver to stop and provide any assistance that is in the driver’s power to give based on a common sense judgment of the situation. It is clear that Parliament’s intention is that drivers at the very least stop and contact emergency services on the occurrence of a motor vehicle accident and wait at the scene to assist the police.
Those convicted of offences under Brendan’s Law will apart from imprisonment also be liable to mandatory drivers license disqualification and habitual traffic offender declarations where applicable.
Of recent times in New South Wales and indeed in our local community of Penrith there have been a number of highly publicised hit and run traffic incidents which have led to victims suffering severe injury and death. Brendan’s Law is an attempt by Parliament to address community concerns regarding hit and run accidents by increasing the penalties for drivers and closing a legal loophole that existed. The State Government has also indicated that it will, with the introduction of the new act create an education program regarding the provisions.
For further information about Brendan’s Law or indeed any traffic issues please contact our John Cox.
February, 2006
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