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Throwing Objects at Vehicles

Throwing Objects at Vehicles is an offence under Section 49A of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

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

  1. You threw an object at or towards, or dropped it on, a vehicle or vessel on a road, railway or navigable waters
  2. You did so intentionally
  3. There was a person in or on the vehicle or vessel at the time, and
  4. Your conduct risked the safety of any person

The vehicle or vessel does not need to be moving at the time.

The object does not need to hit the vehicle or vessel, and the prosecution does not need to prove you were aware of the risk you created.

A ‘road’ is any area open to or used by the public that is developed for, or has as one of its main uses, the driving or riding of motor vehicles.

The offence covers ‘road related areas’, which include:

Median strips, footpaths, nature strips, cycling lanes, and other areas that don’t fall within the definition of a road but are open to or used by the public for driving or riding.

A ‘vehicle’ includes bicycles.

Defences to the charge include:

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

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