In the
state of NSW, the offence of ‘Police Pursuit’ is one of the most serious
offences as there have been serious Repercussions to the safety of the public
including the police officers because of such an offence in the past on our NSW
roads.
The
offence of ‘police pursuit’ as is often called ‘Sky’s Law’ and the
reason it is referred to as ‘Sky’s Law’ is because a toddler named
‘Skye’ was killed when a driver who was attempting to drive away from the
police crashed into Sky’s Parents car. Section
51B of the Crimes Act 1900 deals with the offence of
Police Pursuit.
Maximum Penalties for a first
offence & second offence?
First
offence maximum penalty is 3 years imprisonment (It should also be noted that
there is a minimum disqualification of 1 year with an automatic period of 3
years off the road). For a second offence the maximum penalty is 5 years
imprisonment (this also includes if the offender has been convicted of a ‘major
offence’ during the 5 year period prior to the
commission of this offence).
The Law?
Section
51B of the Crimes
Act 1900 states:
‘’(1) The driver of a vehicle—
(a) who knows, ought reasonably to know or has
reasonable grounds to suspect that police officers are
in pursuit of the vehicle and
that the driver is required to stop the vehicle,
and
(b) who does not stop the vehicle,
and
(c) who then drives the vehicle recklessly
or at a speed or in a manner dangerous to others,
is guilty of an offence.
: Maximum penalty–
(a) in the case of a first offence–imprisonment
for 3 years, or
(b) in the case of an offence on a second or
subsequent occasion–imprisonment for 5 years.’’
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.
Our team
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 28th February 2023.
*Please note that
this page or any other pages on our website (including any other social media
platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
substitute for legal advice or even other professional advice. It should also
be noted that accessing of this information from this website does not create a client-lawyer
relationship.