Dangerous Driver

Driving on the road is one of the most dangerous activities a person can do. Within a second your life, or that of others can unfortunately be permanently changed or ended. Recently four police officers lost their lives due to a truck driver. More recently, the repeat dangers posed by a single driver has been highlighted by another incident that occurred last week.

51-year-old Sabry Moustafa Nassar was refused bail recently in the Parramatta Bail Court due to the risk he poses to the community and the concern for repeat incidents. The 51-year-old crashed into a Hijab shop located in Sydney’s west, and had a crash in Lakemba earlier this year for which he has also received criminal charges for.

Her Honour, Magistrate Holly Kemp stated there were elements of “predatory or deliberate behavior” in Mr Nassar’s offending in January. Mr Nassar’s lawyer stated to the Parramatta Bail Court that his client had been unconscious denied that his client intentionally drove into the store.  Mr Nassar’s most recent crash injured 14 people. Her Honour stated that no bail conditions would mitigate her fear for the community’s safety, which is one of the bail concerns listed in Section 17(2) of the Bail Act 2013 (NSW).

Mr Nassar’s has been charged with driving furiously in a motor vehicle causing bodily harm, reckless driving, negligent driving, proceeding through a red traffic light and failing to notify authorities of a change in residential address.

Negligent, furious or reckless driving

Pursuant to Section 117 of the Road Transport Act 2013 (NSW):

A person must not drive a motor vehicle on a road negligently.

Maximum penalty—

• if the driving occasions death—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or
• if the driving occasions grievous bodily harm—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence), or

 if the driving does not occasion death or grievous bodily harm—10 penalty units.

Furthermore, subsection 2 of Section 17 of the Road Transport Act 2013 (NSW) states:

• A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).