The offence of predatory driving is outlined in section 51A of the NSW Crimes Act 1900.
It's a serious offence that involves a driver intentionally causing harm to another person while pursuing or travelling near their vehicle.
Let's take a closer look at what predatory driving is and the consequences for those who commit this offence. This is a criminal offence, not just a traffic infraction. Therefore, it can have much more serious consequences than a fine, loss of drivers licence and addition of demerit points.
What is Predatory Driving?
Predatory driving happens when a driver engages in conduct that causes or threatens an impact with another vehicle with the intent to cause bodily harm to a person in that vehicle.
This behaviour gets very serious treatment from the Courts. The charge plays out in the Local and District Courts.
Consequences of Predatory Driving
If someone is guilty of predatory driving, they could face imprisonment for up to five years.
It's important to note that this offence does not affect a person's liability for any other offence under the law. Nor does it limit the punishment that the Court may impose for any such offence. Additionally, if a person is convicted or acquitted of an offence under this section, they cannot endure prosecution for any other offence under the same facts, and vice versa.
What is an "Impact Involving a Vehicle"?
An "impact involving a vehicle" refers to impacts with other vehicles, people, or objects. This can also include the vehicle overturning or leaving the road.
So, if a driver intentionally tries to cause harm to another person or vehicle, they could commit a predatory driving offence.
Licence Disqualification
If convicted of the offence, the Court must impose a period of disqualification from driving. The Automatic Licence Disqualification is 3 years, however, the Court has the power to reduce this to 12 months.
Menacing driving
Menacing driving is an offence under section 118 of the Road Transport Act 2013 (NSW). The offence occurs when a driver uses their motor vehicle to "menace" another person. That means to threaten personal violence or damage to property.
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