The offence under the Crimes Act 1900 (NSW) is a Table 1 offence which means the offence will be heard in the Local Court, unless the Prosecution or the accused elects to have the matter heard in the District Court.

The offence under the Road Transport Act 2013 (NSW) is a Summary Offence, which means that it must be heard in the Local Court.

Section 53 of the Crimes Act 1900 (NSW) provides: –

Whosoever, being at the time on horseback, or in charge of any carriage or other vehicle, by wanton or furious riding, or driving, or racing, or other misconduct, or by willful neglect, does or causes to be done to any person any bodily harm, shall be liable to imprisonment for two years.

Section 117 (2) of the Road Transport Act 2013 (NSW) provides: –

A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

The burden of proof rests with the Prosecution and the standard of proof is beyond reasonable doubt.

To establish Furious or Reckless Driving, the Prosecution must prove each of the following elements beyond reasonable doubt: –

• The accused was driving a car; and that
• The accused was doing so in a way which was furious, reckless or at a speed or in a manner dangerous to the public.

Pursuant to the Crimes Act 1900 (NSW), the Prosecution must also prove that the accused caused bodily harm.

The following options are available to the accused depending on his/her instructions: –

1. We’ll negotiate with the Prosecutor to have the charges withdrawn, downgraded and/or the Police Fact Sheets amended; or
2. We’ll enter a plea of not guilty and proceed to a hearing; or
3. We’ll enter a plea of guilty to the charges and proceed to dispute the Police Fact Sheets at a special “disputed facts” hearing; or

1. We’ll enter a plea of guilty with full acceptance of the Police Fact Sheets; and
2. We’ll submit thoroughly researched legal submissions requesting that the Court not record a criminal conviction.