Predatory and Menacing Driving

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Predatory and Menacing Driving

Predatory Driving

Predatory Driving is covered in section 51A of the Crimes Act 1900 NSW

The offence of predatory driving involves:

-        pursing or travelling near another vehicle; and
-        engaging in conduct that causes or threatens an impact (with the vehicle, person or an object, or the vehicle overturning or leaving the road); and
-        intending that conduct to cause a person in the other vehicle actual bodily harm

Penalties for Predatory Driving

Maximum Imprisonment
Disqualification Period
 
5 years
(if dealt with in the District Court on indictment)
 
18 months
(if dealt with in the Local Court summarily) 
1st major offence in 5 years
Automatic – 3 years disqualification
Minimum – 12 month disqualification
 
2nd major offence in 5 years
Automatic – 5 years disqualification
Minimum – 2 years disqualification 
 
 
 
 

 

 

 

Menacing Driving

Menacing Driving is covered in section 43 of the Road Transport (Safety and Traffic Management) Act 1999 NSW The offence of menacing driving involves:

-        a person driving in a manner that menaces another person;
-        with the intention of menacing that person (intentional menacing); or
-        when a person ought to have known that the other person might be menaced (possible menacing)
 

The person may be menaced by:

-        a threat of personal violence or by a threat of damage to property

There is a statutory defence to this offence which provides that a person is not guilty of the offence if the person could not, in the circumstances reasonably avoid menacing the other person

Penalties for Menacing Driving - 1st offence in 5 years

Maximum Imprisonment and/or Maximum Fine
Disqualification Period
Intentional menacing
18 months imprisonment $3300 fine
 
Possible menacing
12 months imprisonment
$2200 fine
 
Automatic – 3 years disqualification
Minimum – 12 month disqualification
 
 
 
 
Penalties for Menacing Driving – 2nd offence in 5 years
Maximum Imprisonment and/or Maximum Fine
Disqualification Period
Intentional menacing
2 years imprisonment $5500 fine
 
Possible menacing
18 months imprisonment
$3300 fine
 
Automatic – 5 years disqualification
Minimum – 2 years disqualification 
 

 

 

 

 

 

 

 

 

Alternative charge to Menacing Driving:

There is an alternative charge to menacing driving of Intimidatory use of vehicles and vessels contained in s11H of the Summary Offences Act 1988 NSW – which is a lesser charge and only carries a maximum fine of $660. This offence prohibits a person from using a motorized vehicle or vessel in a public place:

-        in a manner as to harass or intimidate another person; or
-        in such a manner as would be likely to cause a person of reasonable firmness to fear his or her personal safety.

What you need to do: Nyman Gibson Miralis can help

If you have been charged with one of these serious offences, make contact on-line for a free first conference, or contact our accredited criminal law specialist or criminal defence lawyers for advice. For urgent legal advice on police charges, we can be contacted 24/7 on 1800 NOT GUILTY.

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