MENACING & PREDATORY DRIVING OFFENCES

Menacing driving with intent

Section 118(1) of the Road Transport Act 2013 provides that a person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing that other person.

For a first offence the maximum penalty is imprisonment of 18 months, a fine of $3,300 and an automatic disqualification of licence for 3 years which can be reduced to 12 months.

For a second or subsequent offence the maximum penalty is imprisonment of 2 years, a fine of $5,500 and an automatic disqualification of 5 years which can be reduced to 2 years.

Menacing driving with possibility of menace

Section 118(2) of the Road Transport Act 2013 states that a person must not drive a motor vehicle on a road in a manner that menaces another person if the person ought to have known that the other person might be menaced.

If it is a first offence the maximum penalty is imprisonment for 12 months, a fine of $2,200 and an automatic disqualification of licence for 3 years which can be reduced to 12 months.

For a second or subsequent offence the maximum penalty is imprisonment for 18 months, a fine of $3,300 and an automatic disqualification of 5 years which can be reduced to 2 years.

Predatory Driving

Section 51A of the Crimes Act 1900 states that the driver of a vehicle who, whilst in pursuit of or travelling near another vehicle who:

  1. engages in a course of conduct that causes or threatens an impact involving the other vehicle; and
  2. 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.

If you have been charged with menacing or predatory driving, call Karnib & Co Lawyers at any time on 0450503696 or email us on [email protected] to arrange a free consultation. For those who are unable to attend our offices, we offer conferences by telephone, Skype, Zoom and FaceTime anywhere around the world.