Furious or Reckless Driving
Driving furiously, recklessly, or at a speed or manner dangerous to the public is an offence under Section 117 of the Road Transport Act 2013 (NSW).
Reckless driving refers to causing physical injury to another person on the road or causing substantial property damage.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
That you were driving the vehicle and
You were doing so in a way that was furious, reckless, or at a certain speed or in a manner dangerous to the public.
In Considering Whether You Have Committed an Offence of Reckless and Dangerous Driving, the Court Takes into Consideration All the Circumstances, Including:
the nature, condition, and use of the road on which the offence is alleged to have been committed,
the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road,
any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads, and accident or emergency scenes)
Maximum Penalties
Defences
Some possible defences available to this charge can include:
Honest and Reasonable Mistake – you were reasonably mistaken as to the road rules or speed limit. This was a reasonable belief considering all circumstances as determined by the court.
You were not driving the vehicle.
You were driving the vehicle in a way that was not furious or reckless.
You were driving the vehicle at such a speed or manner that was not dangerous to the public.
Police Pursuits
A police pursuit is an offence under section 51B of the Crimes Act 1900 (NSW). The offence, also known as Skye’s law, was introduced after 19-month-old Sky Sassine was tragically killed when the family car was hit by a man leading police on a high-speed chase on New Years' Eve 2009. These new laws treat police pursuit allegations seriously and are intended to deter people from attempting to evade police.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You knew or ought to have reasonably known, or had reasonable grounds to suspect that police officers were in pursuit of your vehicle and that you were required to stop the vehicle, and
You did not stop the vehicle, and
You subsequently drove the vehicle recklessly or at a speed or in a manner dangerous to others
Maximum Penalties
Defences
Some possible defences available to this charge can include:
Honest and Reasonable Mistake – you were reasonably mistaken as to whether you were being pursued by the police. For example, if you were being pursued by undercover police and you were unsure if it was a police car. This was a reasonable belief considering all circumstances as determined by the court.
You had no reason to believe that you were being pursued by the police or that you were required to pull over.
You were driving to seek help for a medical emergency.