Section 118 of the Road Transport Act 2013 (NSW) is ‘Menacing Driving’ and is extracted below.
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Section 118 of the Road Transport Act 2013 is Menacing Driving and reads as follows:
(cf STM Act, s 43)
(1) Offence–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 that other person.
Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(2) Offence–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.
Maximum penalty: 20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).
(3) Application of section This section applies:
(a) whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and
(b) whether or not that person or that property is on a road.
(4) Defence A person is not guilty of an offence against this section if the person could not, in the circumstances, reasonably avoid menacing the other person.
(5) Double jeopardy A person is not liable to be convicted of:
(a) both an offence against subsection (1) and an offence against subsection (2), or
(b) both an offence against this section and an offence against section 117,
arising out of a single incident.
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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
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