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Menacing Driving Without Intent

Menacing Driving With Intent is an offence under Section 118(1) of the Road Transport Act 2013.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You drove a motor vehicle
  2. You drove it in a manner that menaced another person, and
  3. You intended to menace the other person

It is immaterial whether the other person was menaced by way of:

  1. A threat to their personal safety or damage to their property

The other person need not be on the road at the time.

If it is your first major traffic offence in the last 5 years the maximum penalty is:

  1. 18 months in prison
  2. A 3 year ‘automatic’ licence disqualification, which the court can reduce to 12 months, and
  3. A fine of $3,300

If it is your second or more major traffic offence in the past 5 years the maximum penalty is:

  1. 2 years in prison
  2. A 5 year automatic licence disqualification, which the court can reduce to 2 years, and
  3. A fine of $5,500

However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:

  1. A section 10(1)(a) dismissal, or
  2. A Conditional release order without a conviction

A defence to the charge is that you could not, in the circumstances, reasonably have avoided menacing the other person.

Other defences include:

  1. Necessity
  2. Duress, and
  3. Automatism

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