TRAFFIC AND CRIMES AMENDMENT (MENACING AND PREDATORY DRIVING) BILL 1997 Explanatory Notes
TRAFFIC AND CRIMES AMENDMENT (MENACING AND PREDATORY DRIVING) BILL 1997
[Act 1997 No 75]New South Wales
Traffic and Crimes Amendment
(Menacing and Predatory Driving)
Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:(a)
to increase the existing penalty for the summary offence of intentional
menacing driving, and
(b)
to create a similar summary offence of driving in a manner that the
driver ought to know might menace (with a lesser penalty), and
(c)
to create an indictable offence of predatory driving (with a maximum
penalty of 5 years imprisonment).
Traffic and Crimes Amendment (Menacing and Predatory Driving) Bill 1999 [Act 1997 No 75]
Explanatory note
The maximum penalties applying to the relevant offences will be as follows:
The existing summary offence of menacing driving carries a maximum
penalty of $1,500 or 9 months imprisonment (or both) for a first offence and
$2,000 or 12 months imprisonment (or both) for a second or subsequent
offence.
Note. The penalties described in this explanatory note are based on the current value of
a penalty unit, namely $100. The Statute Law (Miscellaneous Provisions) Bill 1997
contains an amendment to increase the value of a penalty unit to $110.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Traffic
Act 1909 set out in Schedule 1.
Explanatory note page 2
Traffic and Crimes Amendment (Menacing and Predatory Driving) Bill 1997 [Act 1997 No 75]
Explanatory note
Clause 4 is a formal provision giving effect to the amendments to the
Crimes Act 1900 set out in Schedule 2.
Clause 5 is a formal provision giving effect to the amendments to the
Criminal Procedure Act 1986 set out in Schedule 3.
Schedule 1
Amendment of Traffic Act 1909
Schedule 1 [1] replaces the existing summary offence of menacing driving
with 2 separate offences (with separate penalties). The first offence is the
existing offence that is committed if:
(a)
a person drives a motor vehicle on a public street in a manner that
menaces another person, and
(b)
the person intended to menace that other person.
The second offence is a new offence that is committed if:
(a)
a person drives a motor vehicle on a public street in a manner that
menaces another person, and
(b)
the person ought to have known that the other person might be
menaced.
Schedule 1 [2] applies to the proposed indictable offence of predatory
driving (under the Crimes Act 1900) the provision relating to the
disqualification of the offender from driving that currently applies to the
existing summary offence of menacing driving, namely, subject to the order
of the court, disqualification for 3 years if the offender has not been
convicted of any major traffic offences in the last 5 years or disqualification
for 5 years if the offender has been so convicted.
Schedule 2
Amendment of Crimes Act 1900
Schedule 2 creates the proposed indictable offence of predatory driving (with
a maximum penalty of 5 years imprisonment). The driver of a vehicle is to be
guilty of an offence if the driver, 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.
Explanatory note page 3
Traffic and Crimes Amendment (Menacing and Predatory Driving) Bill 1997 [Act 1997 No 75)
Explanatory note
For the purposes of the offence, causing or threatening an impact involving
the other vehicle will include an impact with any vehicle or with a person or
object, or the vehicle overturning or leaving the road.
Under section 440AA of the Crimes Act 1900, the Judge imposing a sentence
on any person found guilty by a jury of an indictable offence has the option
of imposing a fine not exceeding $100,000 in addition to, or instead of, a
term of imprisonment (see Schedule 3 for amendments relating to the penalty
for the offence if dealt with summarily). Provision is inserted to avoid double
jeopardy in connection with the offence and other driving offences (including
menacing driving under the Traffic Act 1909 and dangerous driving under the
Crimes Act 1900).
Schedule 3
Amendment of Criminal Procedure Act 1986
Schedule 3 enables the proposed indictable offence of predatory driving to
be prosecuted summarily unless the prosecuting authority or the person
charged elects otherwise. The maximum penalty that a Local Court may
impose on summary conviction is imprisonment for 18 months or a fine of
$10,000.
Explanatory note page 4