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PREDATORY DRIVING

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Predatory Driving Is A Serious Offence

Predatory driving is considered one of the most serious driving offences in New South Wales. It is a criminal offence under the Crimes Act 1900, rather than a traffic offence under road transport legislation. The severity of this charge means there is a strong possibility of a full-time jail sentence for those convicted.

What is Predatory Driving?

According to Section 51A of the Crimes Act 1900, predatory driving occurs when the driver of a vehicle, 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. This can include extremely aggressive driving, tailgating, and severe cases of road rage where there’s a threat of physical harm.

Predatory Driving

What Does the Prosecution Need to Prove?

For a predatory driving conviction, the prosecution must prove beyond reasonable doubt:

  1. The threat of impact with another vehicle
  2. The intent to cause actual bodily harm to a person in the other vehicle
  3. That the accused was the person who committed the offence

What Are the Police Roadside Powers?

Police have the power to arrest individuals suspected of predatory driving, given its status as a criminal offence.

What Are Other Related Charges Under Predatory Driving?

Related charges that may be considered alongside or as alternatives to predatory driving include:

  • Menacing driving (Section 118 of the Road Transport Act 2013)
  • Dangerous driving
  • Assault

CASE STUDY

While no specific case study was provided in the search results, an example scenario might involve a driver aggressively tailgating another vehicle, attempting to run it off the road with the intention of causing harm to its occupants.

Summary Court Process (Local Court)

Predatory driving cases can be dealt with summarily in the Local Court. The process typically involves:

  1. The accused is charged and brought before the court
  2. They enter a plea of guilty or not guilty
  3. If pleading guilty, sentencing submissions are made
  4. If pleading not guilty, a hearing date is set wHERE evidence is presented and the magistrate decides on guilt
  5. The magistrate determines the appropriate penalty

The jurisdictional limit for sentencing in the Local Court is 2 years imprisonment.

Indictable Court Process (District Court or Supreme Court)

For more serious cases, predatory driving can be dealt with on indictment in the District Court:

  1. The matter first appears in the Local Court for committal proceedings
  2. If committed for trial, it’s transferred to the District Court
  3. The accused enters a plea, and if not guilty, a trial date is set
  4. A judge and jury HERE the case and determine guilt
  5. If found guilty, the judge imposes a sentence

Local Court Sentencing Options

Sentencing options for predatory driving in the Local Court include:

  • Imprisonment (up to 2 years due to jurisdictional limits)
  • Intensive Correction Order
  • Community Correction Order
  • Conditional Release Order
  • Fine (up to $11,000)
  • Mandatory license disqualification (minimum 12 months for first offence, 2 years for subsequent offence)

Penalities

The maximum penalties for predatory driving are:

  • 5 years imprisonment
  • Fine of up to $11,000
  • Automatic license disqualification of 3 years (first offence) or 5 years (subsequent offence)

The court can impose an unlimited disqualification period at its discretion.

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:

  1. The accused was driving a vehicle.
  2. They were driving in pursuit of, or near, another vehicle.
  3. 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
  4. 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:

  1. Maximum penalty: 5 years imprisonment and/or $100,000 fine
  2. 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)
  3. Dealt with in District Court or Local Court (max 2 years imprisonment if in Local Court)
  4. About half of cases result in full-time imprisonment, even when dealt with in Local Court

Menacing Driving:

  1. 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
  2. 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)
  3. Typically dealt with in Local Court

Key differences:

  1. Predatory driving carries significantly harsher maximum penalties (5 years vs 2 years imprisonment).
  2. Predatory driving is more likely to result in imprisonment.
  3. Predatory driving is a criminal offense under the Crimes Act, while menacing driving is a traffic offense under the Road Transport Act.
  4. 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:

  1. 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.
  2. 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
  3. Difficulty regaining license: After the disqualification period, you may face challenges in regaining your license, potentially needing to retake tests or meet additional requirements.
  4. 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.
  5. Impact on future sentencing: If you commit any future driving offenses, a predatory driving conviction on your record will likely result in harsher penalties.
  6. Travel restrictions: Some countries may deny entry to individuals with criminal convictions, which could affect international travel.
  7. Employment limitations: Many jobs that require driving or a clean criminal record may be off-limits with a predatory driving conviction.
  8. Ongoing scrutiny: You may face increased scrutiny from law enforcement during future traffic stops due to your record.
  9. 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.
  10. 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.

 

Disclaimer

This information is general in nature and should not be considered legal advice. Every predatory driving case is unique, and the outcome will depend on the specific circumstances and evidence. If you are facing predatory driving charges, it is crucial to seek immediate legal representation from an experienced criminal defence lawyer who can advise on the best strategy and protect your rights in court.

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