Menacing Driving

In New South Wales, it is an offence to drive a motor vehicle on a road in a manner that menaces another person or in a manner where you ought to have known it would menace another person. 

If you intended to menace another person, the maximum penalties for this offence are a fine of $3,300 and/or 18 months imprisonment for a first offence or a fine of $5,500 and/or 2 years imprisonment for a second or subsequent offence. 

If you ought to have known that your actions would menace another person and the possibility of menacing another person is prevalent, the maximum penalties are a fine of $2,200 and/or 12 months imprisonment for a first offence and a fine of $3,300 and/or 18 months imprisonment for a second or subsequent offence.

The automatic licence disqualification period 3 years with a minimum licence disqualification period of 12 months (for a first offence) or an automatic licence disqualification period of 5 years and a minimum licence disqualification period of 2 years (for a second or subsequent offence within 5 years of the previous offence).

What is Menacing Driving?

The offence of Menacing Driving (with intent) is regulated under Section 118(1) of the Road Transport Act 2013 which states:

1. Intent to menace – A person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing another person.

The offence of Menacing Driving (possibility of menacing/ought to have known it would be menacing) is regulated under Section 118(2) of the Road Transport Act 2013 which states:

2. Possibility of menace – 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.

The following act might constitute Menacing Driving: 

• • You are driving and breaking sharply before accelerating and swerving over the road.

• You cut another driver off on the road.

• Tailgating another driver aggressivley.

What must be proven?

For a person to be found guilty of Menacing Driving, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were driving a motor vehicle on a public road;
• That you were driving in a manner which was menacing to another person, or
• You were driving in a manner in which you ought to have known would be menacing to another person.

If the Prosecution do 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 summary offence and will be finalised in the Local Court.

Possible Defences for Menacing Driving

The following defences may be available for a Menacing Driving charge:

• That you were not driving the car.
• That the manner in which you were driving was not menacing in nature.
• That it was reasonable to conclude that your actions would not be menacing to another person.
• Duress.

Common Questions about Menacing Driving

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible.

A Court can impose any of the following penalties for a Menacing Driving 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, so it is very important that you contact Armstrong Legal to assist you with this. 

What is the difference between intent to menace and possibility of menace?

The primary difference between the two charges is the intent and the state of someone’s mind in relation to the active decisions made. For example, if you drive a car directly at another person with a clear intention to scare or intimidate them, then that falls within Section 118(1) of the Act and is an intent to menace. Whereas, if you are driving and brake very hard when someone is close behind you, you may not have had any active intention to menace the other driver, but you should have turned your mind to the possibility at the time, that your actions may have menaced the other driver.

What if I had to drive in that manner due to an emergency?

Please contact us at Armstrong Legal to assist you with this, as a possible defence of this nature needs to be discussed with a solicitor as it is important we obtain relevant medical documents/material to corroborate this. 

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