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Predatory Driving

Predatory Driving is an offence under Section 51A of the Crimes Act which carries a maximum penalty of 5 years in prison.

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

  1. You were the driver of a vehicle
  2. You were in pursuit of another vehicle, or were travelling near another vehicle
  3. Your conduct caused or threatened an impact with the other vehicle, and
  4. You intended to cause actual bodily harm to a person in the other vehicle

A ‘vehicle’ is defined as:

  1. Any motor car, motor carriage, motor cycle, or any other vehicle propelled wholly or partly by volatile spirit, steam, gas, oil, electricity, or by any other means other than human or animal power, or
  2. A horse-drawn vehicle

‘Impact’ is defined as:

  1. Colliding with any other vehicle, or with a person or object, or
  2. Causing another vehicle to overturn or leave the road

‘Actual bodily harm’ is that which is more than ‘transient or trifling’, and includes any lasting cuts or bruises.

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