Predatory Driving

When the driver of a vehicle pursues another vehicle in order to cause an impact between the two vehicles the law classes this as predatory driving.

For Predatory Driving the driver must intend to cause a person in the other vehicle physical harm. Predatory driving occurs even if there is only the threat or possibility of a collision between the two vehicles but they do not actually collide.

 

THE LAW

Section 51A of The Crimes Act 1900 (NSW) states:

“The driver of a vehicle who, while in pursuit of or travelling near another vehicle: (a) engages in a course of conduct that causes or threatens an impact involving the other vehicle, and (b) intends by that course of conduct to cause a person in the other vehicle actual bodily harm, is guilty of an offence

 

Maximum/Possible Penalties

For offenders of Predatory Driving the maximum penalty if heard in the Local Court is 2 years. If the matter is heard in the District Court the maximum penalty is imprisonment for 5 years.

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

 In NSW, a court can impose any of the following penalties for a Predatory Driving charge of:

• Full-time imprisonment; or
• An Intensive Correction Order (ICO); or
• A Community Correction Order (CCO); or
• A Conditional Release Order (CRO) and/or
• Fine.

 

THE FACTS THAT MUST BE PROVEN

Since Predatory Driving offence is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the elements in the charge beyond reasonable doubt being:

• Threat of impact;
• Intent to cause harm; and
• that you were the person who was driving at the time.

 

Defences

Some of the possible defences available for those charged with Predatory Driving can include;

• If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”; Or
• If you were defending yourself or another OR yours or another’s property you may  

 

CHOICES AT LAW OPTIONS

For Predatory Driving, 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.