Predatory Driving

In New South Wales, it is an offence to drive in a manner which is predatory. The way in which the driving may be constituted as ‘predatory’ is when the driving is aggressive in nature, and can include, but not limited to, tailgating and road rage.

The maximum penalty for this offence is 5 years imprisonment. The automatic licence disqualification period 3 years with a minimum licence disqualification period of 12 months.

What is Predatory Driving?

The offence of Predatory Driving is regulated under Section 51A of the Crimes Act 1900 (NSW) which states:

1. The driver of a vehicle who, while in pursuit of or travelling near another vehicle –
   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.

What is a vehicle?

Section 52A of the Crimes Act 1900 states that a vehicle means: 

1. Any motor car, motor carriage, motorcycle or other vehicle propelled wholly or partly by volatile spirit, steam, gas, oil, electricity or by any other means other than human or animal power, or
2. A horse-drawn vehicle,

Whether or not it is adapted for road use but does not mean a vehicle used on a railway or tram way.

Section 52A(3) of the Crimes Act 1900 defines that ‘impact’ involving a vehicle includes –

1. An impact with any other vehicle or with a person or object, or
2. The vehicle overturning or leaving a road.

The following act might constitute Predatory Driving: 

• You are driving in an aggressive nature and tailgating another car.
• You continued to drive extremely close to another vehicle whilst swerving your vehicle near them.
• You are following another car whilst in road rage, and screaming out verbal abuse.

What must be proven?

For a person to be found guilty of Predatory 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 in pursuit of another vehicle or were travelling near another vehicle;
• Your conduct caused or threatened to cause impact with the other vehicle, and
• You intended to cause actual bodily harm to the person in the other vehicle.

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 is a Table 1 offence which means the offence will be finalised in the Local Court unless the prosecution or person charged elects to have the matter finalised in the District Court.

Possible Defences for Predatory Driving

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

• That you were not driving the car.
• That the manner in which you were driving was not predatory in nature.
• That you did not intend to cause actual bodily harm to another person.
• Duress.

Common Questions about Predatory 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 Predatory 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 if I was just tailgating someone for a short period of time, just so I could switch lanes?

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.

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