Following the death of 19-month-old Skye Sassine in Sydney in 2010 new laws were introduced. Skye died when the vehicle in which she was travelling was hit by a man leading police on a high-speed pursuit. Following this tragic death, there were calls for tougher penalties on people who lead police on dangerous pursuits. These new laws became known as “Skye’s Law”.

 

THE LAW

Under Section 51B of the Crimes Act 1900 (NSW) it is an offence to:

“drive a motor vehicle negligently, recklessly or at a speed or in a manner that is dangerous to any person in order to escape pursuit by a police officer or to cause a police officer to engage in a pursuit”.

 

MAXIMUM/POSSIBLE PENALTIES

For offenders of Police Pursuit, the maximum penalties are:

(a) in the case of a first offence–imprisonment for 3 years, or
(b) in the case of an offence on a second or subsequent occasion–imprisonment for 5 years.

Please note that the penalties mentioned are reserved for the worse case offending.

 

THE FACTS THAT MUST BE PROVEN

Police Pursuit being a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the following matters beyond a reasonable doubt:

• The driver knew, ought reasonably to have known or had reasonable grounds to suspect that police officers were in pursuit;
• The driver knew, ought reasonably to have known or had reasonable grounds to suspect that the driver was required to stop the vehicle;
• The driver did not stop the vehicle; and
• The driver subsequently drove the vehicle recklessly or at a speed or in a manner dangerous to others.
• The driver has not met the elements of any defence at law.

 

DEFENCES

While building up a case against Police Pursuit charges, the following defences can be put up in your favor:

• If your act was propagated by some threats or some pressure you succumbed to, you may be able to argue “Duress”;
• If it was inevitable to act in the way you did, to prevent a bigger mishap/harm, you may have the defence of “Necessity”; or
• Your act was done as a measure of defending yourself or saving someone else, or for saving yours or someone else’s property, you may have a Defence of “Self-Defence”.

 

CHOICES AT LAW OPTIONS

For Police Pursuit, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.