hello@nationaltrafficlawyers.com.au
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.
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.
For a predatory driving conviction, the prosecution must prove beyond reasonable doubt:
Police have the power to arrest individuals suspected of predatory driving, given its status as a criminal offence.
Related charges that may be considered alongside or as alternatives to predatory driving include:
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.
Predatory driving cases can be dealt with summarily in the Local Court. The process typically involves:
The jurisdictional limit for sentencing in the Local Court is 2 years imprisonment.
For more serious cases, predatory driving can be dealt with on indictment in the District Court:
Sentencing options for predatory driving in the Local Court include:
The maximum penalties for predatory driving are:
The court can impose an unlimited disqualification period at its discretion.
Based on the search results, to convict someone of predatory driving, the prosecution must prove the following key elements beyond reasonable doubt:
The critical aspects are:
It's important to note that:
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:
Menacing Driving:
Key differences:
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:
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.
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.
“Welcome! Our team is dedicated to helping you with your traffic offence matters. We provide a professional, prompt, and friendly service at a reasonable fixed cost for most cases. Rest assured that we’ll explore every avenue to resolve your matter and restore your peace of mind.” 😊