Predatory Driving
Predatory driving is an offence under section 51A of the Crimes Act 1900 (NSW). Predatory driving is when you, as the driver of a vehicle, pursue another vehicle intending to attempt to cause impact between the vehicles and physical harm to the other person. You can be charged with predatory driving even if there has only been a threat of a collision with no physical harm.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You drove a vehicle on any road.
You engaged in a course of conduct that caused or threatened to cause, an impact involving another vehicle
You intended to cause a person on the other vehicle actual bodily harm.
What is Actual Bodily Harm?
Injuries that can amount to actual bodily harm include scratches and bruises (McIntyre v R (2009) 198 A Crim R 549). The harm does not have to be permanent but must not be “merely transient or trifling” (R v Donovan [1931] KB 498).
Maximum Penalties
The maximum penalty in the Local Court is 2 years imprisonment.
The maximum penalty in the District Court is 5 years imprisonment.