Predatory Driving

Predatory Driving

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Based on the search results, to convict someone of predatory driving, the prosecution must prove the following key elements beyond reasonable doubt:

The accused was driving a vehicle.
They were driving in pursuit of, or near, another vehicle.
They engaged in a course of conduct that caused or threatened to cause an "impact" involving the other vehicle. An impact can include:
- An impact with another vehicle, person, or object
- The other vehicle overturning or leaving the ground
The accused intended by that course of conduct to cause actual bodily harm to a person in the other vehicle.

The critical aspects are:

The threat or actual occurrence of an impact
The specific intent to cause actual bodily harm to an occupant of the other vehicle

It's important to note that:

Actual impact or injury does not need to occur for the offence to be committed, only the threat of impact and the intent to cause harm.
The intent to cause "actual bodily harm" is a key element, which is defined as harm that is "more than merely transient or trifling."

The prosecution must prove all of these elements beyond reasonable doubt for a conviction to be secured. If any one of these elements cannot be proven, the accused should be found not guilty of predatory driving.

Based on the search results, HERE are the key differences between predatory driving and menacing driving in terms of penalties: Predatory Driving:

Maximum penalty: 5 years imprisonment and/or $100,000 fine
Automatic license disqualification:
- First offense: 3 years (can be reduced to 12 months minimum)
- Second/subsequent offense: 5 years (can be reduced to 2 years minimum)
Dealt with in District Court or Local Court (max 2 years imprisonment if in Local Court)
About half of cases result in full-time imprisonment, even when dealt with in Local Court

Menacing Driving:

Maximum penalties:
- Intent to menace:
  - First offense: $3,300 fine, 18 months imprisonment, or both
  - Second/subsequent offense: $5,500 fine, 2 years imprisonment, or both
- Possibility of menace:
  - First offense: $2,200 fine, 12 months imprisonment, or both
  - Second/subsequent offense: $3,300 fine, 18 months imprisonment, or both
Automatic license disqualification:
- First offense: 3 years (can be reduced to 12 months minimum)
- Second/subsequent offense: 5 years (can be reduced to 2 years minimum)
Typically dealt with in Local Court

Key differences:

Predatory driving carries significantly harsher maximum penalties (5 years vs 2 years imprisonment).
Predatory driving is more likely to result in imprisonment.
Predatory driving is a criminal offense under the Crimes Act, while menacing driving is a traffic offense under the Road Transport Act.
Predatory driving can be dealt with in higher courts, while menacing driving is typically handled in Local Court.

The harsher penalties for predatory driving reflect its more serious nature, requiring proof of intent to cause actual bodily harm, wHEREas menacing driving involves causing fear or threatening behavior without necessarily intending physical harm.

Based on the search results and general knowledge about serious driving offences, HERE are some of the potential long-term consequences of a predatory driving conviction on one's driving record:

Criminal record: A predatory driving conviction will result in a criminal record, not just a traffic infringement. This can have significant impacts on employment, travel, and other aspects of life.
Extended license disqualification:
- Minimum disqualification period of 12 months for a first offense
- Automatic disqualification of 3 years for a first offense (can be reduced by the court)
- Longer disqualification periods for subsequent offenses (minimum 2 years, automatic 5 years)
- The court has the power to impose an unlimited disqualification period
Difficulty regaining license: After the disqualification period, you may face challenges in regaining your license, potentially needing to retake tests or meet additional requirements.
Insurance implications: A conviction for such a serious driving offense is likely to result in significantly higher insurance premiums for many years, or difficulty obtaining insurance at all.
Impact on future sentencing: If you commit any future driving offenses, a predatory driving conviction on your record will likely result in harsher penalties.
Travel restrictions: Some countries may deny entry to individuals with criminal convictions, which could affect international travel.
Employment limitations: Many jobs that require driving or a clean criminal record may be off-limits with a predatory driving conviction.
Ongoing scrutiny: You may face increased scrutiny from law enforcement during future traffic stops due to your record.
Potential for civil liability: A predatory driving conviction could be used as evidence in civil lawsuits related to the incident, potentially leading to financial liability.
Difficulty in vehicle ownership: Some jurisdictions may place restrictions on vehicle ownership or registration for individuals with serious driving convictions.

It's important to note that these consequences can persist for many years after the conviction, highlighting the seriousness with which the legal system treats predatory driving offenses.

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