Today in the ever increasing stress of traffic congestion and rush, events of aggression between drivers’ of vehicles are more common. With the prevalence of mobile phone cameras and dashboard cameras, there is a high probability that either the participants in the altercation or bystanders will video the event. Accordingly, there are more charges arising from these incidents.
Even if the police decide not to lay charges of predatory driving they can lay other charges such as Drive Manner Dangerous, or Negligent Driving, or various assault charges amongst others.
Such matters may proceed under the charge of predatory driving and in addition to a fine has a maximum penalty of 5 years imprisonment.
The types of driving caught by this legislation can include, extremely aggressive driving, tailgating and road rage.
Potential Defences to this section can include: Duress, Self Defence, Necessity
CRIMES ACT 1900 – SECT 51A Predatory driving
51A Predatory driving
(1) The driver of a vehicle who, 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,
is guilty of an offence and liable to imprisonment for 5 years.
(2) This section does not take away the liability of any person to be prosecuted for or found guilty of an offence under this Act or of any other offence, or affect the punishment that may be imposed for any such offence.
However, a person who:
(a) has been convicted or acquitted of an offence under this section cannot be prosecuted for any other offence under this Act on the same, or substantially the same, facts, or
(b) has been convicted or acquitted of any other offence under this Act cannot be prosecuted for an offence under this section on the same, or substantially the same, facts.
(3) In this section: “impact” involving a vehicle includes:
(a) an impact with any other vehicle or with a person or object, or
(b) the vehicle overturning or leaving a road.