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:

1. You operated a motorised vehicle or vessel in a public place
2. You did so to harass or intimidate another person, and
3. 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:

1. Self-defence
2. Duress, and
3. Necessity