Fail to Report Accident to Police When Person Injured

In Victoria, Fail to Report Accident to Police When Person Injured is found in section 61(1)(E) of the Road Safety Act 1986. It is a criminal offence that is committed by a person if they fail to report an accident to Police where someone is injured.

Have you been accused of Fail to Report Accident to Police When Person Injured? You must get legal advice as soon as you become aware of the allegation so that you do not limit your options later on.

Police Interview
The Police will interview you about an allegation of Fail to Report Accident to Police When Person Injured only because they suspect you have committed the crime. They will make it seem as though the interview is your one and only opportunity to provide your version of events to “clear things up”. This is not true. Police officers are trained investigators and ask questions in a way to make you seem as though you are lying. They do this by emphasising any slight error you make during the Police interview.

Before the interview, you may wonder:

  • Do I need to attend?
  • Should I answer the questions?
  • Should I lie?
  • Should I deny the allegations?
  • Should I answer some questions and not answer others?
Our lawyers can answer all of these questions for you so that you do not harm your case later on.

Pleading Not Guilty
Our lawyers specialise in representing people in contested hearings. Our lawyers take a proactive approach to representing clients charged with Fail to Report Accident to Police When Person Injured and will conduct their own investigation. Police officers prepare briefs which suit their alleged victims’ narrative, not yours. You need someone on your side who is going to advance your instructions and protect your interests.

Pleading Guilty
Our lawyers have achieved great outcomes for people who pleaded guilty to Fail to Report Accident to Police When Person Injured in the past. Our lawyers appear in Court daily and know how to properly prepare for a guilty plea.

If you decide to plead guilty to Fail to Report Accident to Police When Person Injured, you want an experienced lawyer who you can have confidence in.

Sentencing
Sentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for Fail to Report Accident to Police When Person Injured in the Magistrates' Courts
Which court will the case be heard in?
As a summary offence, any summons for this charge will primarily be handled by the Magistrates’ Court.

Elements of the offence
The prosecution must prove:

  1. The accused was a driver of a motor vehicle party to the accident;
  1. A person was injured or property (including animals) damaged or destroyed as a result of accident;
  2. No police officer was present at the scene of the accident;
  3. The accused did not report the full particulars in person to the most accessible police station.
Examples of Fail to Report Accident to Police When Person Injured
  • Being involved in a collision and the other driver injures their back;
  • Being involved in a collision and the other car is badly damaged and cannot be driven
Legislation
The legislation for this offence can be found on section 61(1)(e) of the Road Safety Act 1986.

Defences
Defences that are often run in relation to this charge revolve around a factual dispute. A lawyer ensures that all facts reported to the Court are valid and accurate. Wrong facts may lead to a criminal charge being dismissed.

Honest and reasonable mistake as to a fact is also a consideration. That is where you would submit to the Court that you were unaware that you had been involved in a collision. The onus is on you to satisfy the Court that your mistake was honest and reasonable in the circumstances. Other defences may further be used depending on the circumstances.

If you are intending to plead guilty it is important to discuss with your lawyer the best way to get the best result. This is especially so, because mandatory license disqualifications apply.

Questions in cases like this
  • Were you the driver of the car?
  • Were you aware that you had been involved in a collision?
  • Did you notify police that you were involved in a collision and that the other driver was injured?
Traffic offences are viewed seriously by Courts and can lead to a multitude of negative consequences. If you have been charged with this offence, it is important that you see a lawyer as soon as possible. A conviction and driver’s license disqualification can have a detrimental impact on a person’s life. Your lawyer will assess your circumstances and discuss the options available to you.

Maximum penalty for section 61(1)(e) of the Road Safety Act 1986
The offence of Fail to Report Accident to Police When Person Injured (s61(1)(e) of the Road Safety Act 1986) carries a fine of 2.5 penalty units (around $403) or 7 days imprisonment as the highest possible sentence. A subsequent offence of this nature carries a fine of 5 units (around $800) or 14 days imprisonment. If there is a finding of guilt, it is also mandatory that a Court cancel all driver licenses and permits held by the convicted person and disqualify him or her from obtaining one for at least 4 years if a conviction is recorded and at least 2 years in any other case. If this was a subsequent offence, at least 8 years if a conviction is recorded and at least 4 years in any other case.

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