What is Predatory Driving ?

Predatory driving in NSW is when the driver of a vehicle pursues another vehicle in order to cause an impact between the two vehicles. The driver must intend to cause a person in the other vehicle physical harm. Predatory driving occurs even if there is only the threat of a collision between the two vehicles but they do not actually collide.

Jurisdiction

An offence of Predatory Driving is what is known as a “Table 1” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).

What must the prosecution prove?

Since Predatory Driving offence is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Predatory Driving.

To establish Predatory Driving, the prosecution must prove each of the following matters beyond reasonable doubt;

  • Threat of impact;
  • Intent to cause harm; and
  • that the accused was the person who committed the offence.

The Law
Section 51A of The Crimes Act 1900 (NSW) states:

The driver of a vehicle who, while in pursuit of or travelling near another vehicle: (a) engages in a course of conduct that causes or threatens an impact involving the other vehicle, and (b) intends by that course of conduct to cause a person in the other vehicle actual bodily harm, is guilty of an offence

If you are charged with the offence of Predatory Driving what are your options?

National Criminal Lawyers have been successful in defending a number of Predatory Driving charges where the prosecution could not establish each of the elements of Predatory Driving. We have also achieved a number of non-convictions for Predatory Driving charges.

NCL offer the following options for those who have been charged with Predatory Driving;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Predatory Driving offence our Team at National Criminal Lawyers are well-versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact us for more information about your options.

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