CRIMES ACT 1900 - SECT 29B Damaging police vehicle

CRIMES ACT 1900 - SECT 29B

    (1)     A person commits an offence if—

        (a)     the person drives a motor vehicle and causes damage to a police vehicle by that conduct; and

        (b)     the person knows, or is reckless about whether, the damaged vehicle is a police vehicle; and

        (c)     the person intends to cause, or is reckless about causing, damage to the police vehicle.

Maximum penalty: imprisonment for 5 years.

    (2)     For subsection (1) (b), it is presumed, unless there is evidence to the contrary, that the defendant knew that the damaged vehicle was a police vehicle if—

        (a)     the vehicle stated “police” on the outside of the vehicle; or

        (b)     the fact that the vehicle was a police vehicle was reasonably apparent, having regard to all of the circumstances, including the manner in which it was being driven.

Example—par (b)

the vehicle was an unmarked car displaying a flashing blue or red light (whether or not it was displaying other lights) or was using a siren

    (3)     The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (2).

    (4)     A person may be guilty of an offence against this section regardless of whether the damaged vehicle was occupied by a police officer.

    (5)     In this section:

"police vehicle" means a motor vehicle that is being used, or is ordinarily used, by a police officer in the exercise of the officer's functions.