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.
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
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:
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:
Some of the possible defences available for those charged with Predatory Driving can include;
For Predatory Driving, Rep-Revive Criminal & Employment Lawyers® offers the following options:
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