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.