Push to increase penalties for negligent driving causing death in Tasmania

An increase in the maximum jail sentence for negligent driving causing death has been flagged in a report to the State Government.

An increase in the maximum jail sentence for negligent driving causing death has been flagged in a report to the State Government.

Tasmania’s Sentencing Advisory Council will today release its consultation paper on Sentencing of Driving Offences that Result in Death or Injury. The Government asked the council to review the laws after concerns sentences for death drivers were not meeting community standards.

The report found Tasmania and South Australia had among the lowest maximum penalties for negligent driving causing death.

“It could be argued that there is a case for the maximum penalties to be increased to encourage the court to impose longer sentences in more serious [borderline dangerous driving] cases,” the report said.

The maximum sentence in Tasmania is one year for a first offence, compared to 18 months in NSW and two years in the ACT.

But the report raised concerns an increase in the maximum could result in drivers whose fault was “inattention rather than conscious risk taking” unfairly punished.

The report revealed Tasmania had some of the lowest median sentences for the more serious charge of dangerous driving causing death, but in some cases the courts here were more likely to jail people compared to other states.

“On this measure sentencing for dangerous driving causing death in Tasmania is more severe than all other jurisdictions,” the report said.

The council again opposed introducing mandatory jail time for any crimes, including traffic offences. The report noted between 2006 and 2015 Tasmania had the biggest decline in road deaths in the country.

“Accordingly it is difficult to justify increases in sentences on the basis of deterrence given that the number of serious driving offences in Tasmania has declined.”

The report did not make formal recommendations but called for community feedback. Other options for reform included:

RESTORATIVE justice conferencing involving face-to-face meetings where offenders can see how their behaviour has affected victims.

RENAMING negligent driving to “careless driving” to reflect the lower standard of culpability.

PUBLISHING sentence remarks by the Magistrates Court.

Originally published as Push to increase penalties for negligent driving causing death in Tasmania