Predatory driving is defined in section 51A of Crimes Act 1900, which states:
“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…”
Predatory driving is an offence which includes, but is not limited to, extremely aggressive driving, tailgating and road rage. Road rage encompasses many aspects of anger such as verbal abuse, abusive gestures, and aggressive driving; and is not illegal in itself but when the threat of physical harm becomes real, it becomes predatory driving, and is illegal. The maximum penalty for the offence of predatory driving is a fine of $100,000 and/or 5 years imprisonment.
What the police must prove
For the police to prove their case at court, they must prove beyond a reasonable doubt:
- the threat of impact;
- the intent to cause harm.
Police must also prove that the accused was the person who committed the offence.
For advice or representation in any legal matter, please contact Armstrong Legal.