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 ImprisonmentDisqualification Period
5 years
(if dealt with in the District Court on indictment)
1st major offence in 5 years
Automatic – 3 years disqualification
Minimum – 12 month disqualification
18 months
(if dealt with in the Local Court summarily)
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 FineDisqualification Period
Intentional menacing
18 months imprisonment
$3300 fine
Automatic – 3 years disqualification
Minimum – 12 month disqualification
Possible menacing
12 months imprisonment
$2200 fine

Penalties for Menacing Driving – 2nd offence in 5 years

Maximum Imprisonment and/or Maximum FineDisqualification Period
Intentional menacing
2 years imprisonment
$5500 fine
Automatic – 5 years disqualification
Minimum – 2 years disqualification
Possible menacing
18 months imprisonment
$3300 fine

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.