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Penalty for Police Pursuits (‘Skye’s Law’) | Section 51B Crimes Act NSW

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The maximum penalty for the offence of Police Pursuits (Skye’s Law) is 3 years in prison.

However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.

These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.

According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:

When sentenced in the Local Court

Penalty type Number of cases – 1,878 Percent of cases
Children’s Court Penalties 0 0
Section 10(1)(a) Dismissal 1 0.1
Conditional Release Order Without Conviction 21 1.1
Section 10A Conviction with No Other Penalty 1 0.1
Fine Only 55 2.9
Conditional Release Order with Conviction 18 1.0
Community Correction Order 489 26.0
Intensive Correction Order 490 26.1
Imprisonment 803 42.8

The average full term prison sentence imposed for the offence is 12 months and the average non-parole period (the minimum term in prison) is 6 months.

When sentenced in a higher court, such as the District and/or Supreme Court

Penalty type Number of cases – 12 Percent of cases
Children’s Court Penalties 0 0
Section 10(1)(a) Dismissal 0 0
Conditional Release Order Without Conviction 0 0
Section 10A Conviction with No Other Penalty 0 0
Fine Only 0 0
Conditional Release Order with Conviction 0 0
Community Correction Order 0 0
Intensive Correction Order 2 16.7
Imprisonment 12 83.3

The average full term prison sentence imposed for the offence is 24 months and the average non-parole period (the minimum term in prison) is 18 months.

According to the Judicial Commission of New South Wales, the penalties imposed for the offence of Police Pursuit – Second or Subsequent Offence:

When sentenced in the Local Court

Penalty type Number of cases – 530 Percent of cases
Children’s Court Penalties 0 0
Section 10(1)(a) Dismissal 0 0
Conditional Release Order Without Conviction 0 0
Section 10A Conviction with No Other Penalty 0 0
Fine Only 2 0.4
Conditional Release Order with Conviction 1 0.2
Community Correction Order 32 6.0
Intensive Correction Order 83 15.7
Imprisonment 530 77.7

The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 12 months.

When sentenced in a higher court, such as the District and/or Supreme Court

Penalty type Number of cases – 19 Percent of cases
Children’s Court Penalties 0 0
Section 10(1)(a) Dismissal 0 0
Conditional Release Order Without Conviction 0 0
Section 10A Conviction with No Other Penalty 0 0
Fine Only 0 0
Conditional Release Order with Conviction 0 0
Community Correction Order 0 0
Intensive Correction Order 0 0
Imprisonment 19 100

The average full term prison sentence imposed for the offence is 30 months and the average non-parole period (the minimum term in prison) is 24 months.

For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.

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