state of NSW, a person will be committing an offence if he or she drives in a
manner or at a speed/pace which causes danger to another person or causes a
danger to other road users. What are some examples of furious driving? Well,
they include (but they are certainly not limited to the following) speeding more
than 45km/h of the road’s speed limit, swerving/ speeding or even breaking
sharply prior to accelerating to name a few.
the difference between the Crimes Act 1900 offence and the Road
Transport Act 2013 Offence?
The offence of
furious driving is contained in section 53 of the Crimes Act 1900 and it
is noted in the legislation: ‘’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 wilful neglect, does or causes
to be done to any person any bodily harm, shall be liable to imprisonment for
offence of furious driving pursuant to the Crimes Act 1900 is a
Table 1 Offence and this means that the prosecution has the option of electing
to have the matter finalised in the District Court if the prosecution decides
but if the prosecution does not decide to elect (to have the matter finalised
in the District Court) then the matter will be finalised in the Local Court
offence of Furious driving is also contained in section 117(2) of the Road
Transport act 2013 and it states: ‘’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.’’
Maximum penalty: 20 penalty units or
imprisonment for 9 months or both (in the case of a first offence) or 30
penalty units or imprisonment for 12 months or both (in the case of a second or
offence of furious driving pursuant to the Road Transport Act 2013
will be finalised in the Local Court as it is a Summary Offence.
must be proven Beyond a Reasonable Doubt?
prosecution must prove the following elements beyond a reasonable doubt:
a person was driving a car; and
person was driving the car in a manner which was reckless, or at a speed more
than the speed limit, reckless or in a manner which is dangerous to the public;
the person is charged under the Crimes Act 1900, the prosecution
must prove beyond a reasonable doubt that bodily harm was caused to a person
because of the offender’s actions.
It is very important that you speak with a lawyer so that you can
get the appropriate legal advice which you require prior to going to court.
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact
Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 8th February 2023.
*Please note that
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