Throwing Rocks and Other Objects at Vehicles / Vessels

In NSW it is an offence to Throw Rocks and Other Objects at Vehicles and Vessels. A person can be charged with this offence if they drop or throw a rock or other object at or towards a vehicle or vessel. The vehicle or vessel must be on a road, railway or waters, there must be a person in that vehicle and the act must risk the safety of any other person.

The maximum penalty for Throwing Rocks and Other Objects at Vehicles and Vessels is 5 years imprisonment.

What is Throwing Rocks and Other Objects at Vehicles/Vessels?

The offence of Throwing Rocks and Other Objects at Vehicles and Vessels is contained in s 49A(1) of the Crimes Act 1900 (NSW) and states:

(1) A person is guilty of an offence if:

1. the person intentionally throws an object at, or drops an object on or towards, a vehicle or vessel that is on any road, railway or navigable waters, and
2. there is a person in the vehicle or vessel, and
3. the conduct risks the safety of any person.

The offence is commonly charged in circumstances where people throw rocks at cars from overpasses on freeways because of the high danger this causes to drivers, other motorists and other road users.

The following acts constitute Throwing Rocks and Other Objects at Vehicles and Vessels:

• Standing on an overpass and dropping rocks on or near cars travelling on the freeway below;
• Throwing objects in front of a truck as it drives past; or
• Throwing a beer bottle, which hits the skipper of a boat as it’s about to travel under the bridge you’re standing on.

What Must be Proven?

For a person to be found guilty of Throwing Rocks and Other Objects at Vehicles and Vessels, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you intentionally
  • Threw an object at; or
  • Dropped an object on or towards; 
• A vehicle or vessel that was on a road/railway/navigable waters
• There was a person in the vehicle or vessel
• The throwing or dropping of the object risked the safety of that person. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Possible Defences to Throwing Rocks and Other Objects at Vehicles/Vessels?

The following defences may be available:

• Duress;
• That you accidentally dropped the object
• That you didn’t intend to throw something at the vehicle or vessel 
• That there was no risk to the safety of a person as a consequence of what happened. 

Common Questions about Throwing Rocks and Other Objects at Vehicles/Vessels?

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for a Throwing Rocks and Other Objects at Vehicles and Vessels charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Throwing Rocks and Other Objects at Vehicles and Vessels might jeopardise your job or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol?

The risk of a Gaol sentence will depend on the facts and circumstances of your specific case and it is a good idea to get some advice about this. People have received Gaol sentences for this charge before. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.