A Predatory Driving offence is known as a “Table 1” offence which means it is heard in the Local Court unless an election is made by the Department of Public Prosecutions (DPP) that it be dealt with on indictment in a higher Court.

Section 51 A of The Crimes Act 1900 (NSW) provides: –

The driver of a vehicle who, 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, is guilty of an offence.

A Predatory Driving offence is a criminal offence and the burden of proof rests with the Prosecution.

The Prosecution must prove each of the following elements beyond reasonable doubt. Namely: –

• The threat of impact;
• Intent to cause harm; and
• The accused was the person who committed the offence.

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 We’ll negotiate with the Prosecutor to have the charges withdrawn, downgraded and/or the Police Fact Sheets amended; or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
4. We’ll enter a plea of guilty with full acceptance of the Police Fact Sheets; and
5. We’ll submit thoroughly researched legal submissions requesting that the Court not record a criminal conviction.