Predatory driving is an offence under Section 51A of the Crimes Act 1900 (NSW). A person found guilty of the offence can be liable to imprisonment for five years.

Elements

A driver commits this offence if, while pursuing or travelling near another vehicle, they:

• engage in a course of conduct that causes or threatens an impact involving the other vehicle, and
• they intend by that conduct to cause a person in the other vehicle actual bodily harm.

This section does not remove a person’s liability to be prosecuted for or found guilty of any other offence or an offence under the Act, nor does it affect the punishment that may be imposed for such offences.

However, a person who:

• has been convicted or acquitted of an offence under this section cannot be prosecuted for another offence under the Act on the same, or substantially the same, facts, or
• has been convicted or acquitted of another offence under the Act cannot be prosecuted under this section on the same, or substantially the same, facts.

Penalty

A person found guilty of this offence is liable to imprisonment for five years.

Definitions

For the purposes of this section:

An impact involving a vehicle includes an impact with another vehicle, a person, or an object, as well as a vehicle overturning or leaving the road.

Vehicle has the same meaning as it does in section 52A.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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