Intimidatory Use of a Vehicle or Vessel
Intimidatory Use of a Vehicle or Vessel is an Offence under Section 11H of the Summary Offences Act 1988 which carries a maximum penalty of 6 penalty units which is currently $660.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You operated a motorised vehicle or vessel in a public place
- You did so to harass or intimidate another person, and
- That manner would cause a reasonable person to fear for his or her safety
No person needs to actually be, or likely to be, present at the scene.
A ‘vehicle’ includes anything on wheels, tracks or skis other than one that is used on a railway, tramway or monorail.
A ‘vessel’ includes anything used, or capable of being used, as a means of transport on, under or immediately above water.
A public place is:
A place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons.
It includes privately owned places that are open to the public.
Defences to the charge include:
- Self-defence
- Duress, and
- Necessity
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