Though it may seem like a minor offence, throwing rocks or objects at vehicles is treated seriously by the courts and may potentially result in lengthy gaol terms.
However, there are several ways in which you can fight these types of charges, and with the assistance of our criminal law experts, you may be able to avoid these harsh penalties.
Section 49A of the Crimes Act contains a specific offence of ‘throwing rocks and other objects at vehicles and vessels.’
It says that you can be charged with a criminal offence if you deliberately throw something towards a vehicle or vessel that is on a road, railway or waters.
A vehicle or vessel essentially refers to any form of transportation – including cars, bikes, trucks, boats, and trains.
To be found guilty under this section, the prosecution must prove that there was someone inside the vehicle in question and that your conduct endangered their safety.
It does not matter whether or not the vehicle was moving at the time that you threw the object towards it, or whether or not you knew that your conduct would pose a risk to the other person’s safety.
If you are found guilty under this section, you could face a maximum penalty of 5 years’ imprisonment.
This is obviously quite a lengthy penalty, however it is important to remember that it will only apply in the most serious cases – for example, where the object thrown caused serious injury to another person or significant damage to the vehicle in question.
If you are going to court for Throwing Rocks at Vehicles, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 49A of the Crimes Act 1900 deals with the offence of ‘throwing rocks at vehicles’ and reads as follows:
49A Throwing rocks and other objects at vehicles and vessels
(1) A person is guilty of an offence if:
(a) 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
(b) there is a person in the vehicle or vessel, and
(c) the conduct risks the safety of any person.
Maximum penalty: Imprisonment for 5 years.
(2) This section extends to a vehicle or vessel that is stationary at the time that the object is thrown or dropped.
(3) In the prosecution of an offence under this section, it is not necessary to prove:
(a) that the accused was aware that his or her conduct risked the safety of any person, or
(b) that the object made contact with the vehicle or vessel.
(4) In this section:”road” means a road or road related area within the meaning of the Road Transport (General) Act 2005.”throw” includes propel. “vehicle” includes:
(a) a motor vehicle, and
(b) a train or tram, and
(c) a bicycle, and
(d) a vehicle drawn by an animal or an animal ridden by a person.
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