Introduction
Facing
a charge of predatory driving under Section 51A of the Crimes
Act 1900 (NSW) is a serious matter, carrying severe penalties that can
include imprisonment, fines, and licence disqualification. At Nicopoulos Sabbagh Lawyers, our criminal
defence lawyers in Sydney, NSW, specialise in defending clients against predatory
driving charges, providing expert legal guidance to achieve the best
possible outcomes. Whether you’re considering pleading not guilty, pleading
guilty, or seeking to minimise penalties, this comprehensive guide explains
what predatory driving entails, the penalties involved, potential defences, and
how our traffic lawyers in Sydney can protect your future. As a
leading criminal law firm in Sydney, we’re committed to delivering
personalised, results-driven legal support.
What
is Predatory Driving Under Section 51A?
Section
51A of the Crimes Act 1900 (NSW) defines predatory
driving as operating a vehicle with the intent to chase, harass, or
intimidate another person, causing actual or apprehended danger to that person
or others. This offence targets aggressive driving behaviours that endanger
public safety, such as:
• Tailgating another vehicle to intimidate the driver.
• Deliberately cutting off or swerving towards another
vehicle.
• Chasing a pedestrian or cyclist with the intent to cause
fear.
The
prosecution must prove beyond reasonable doubt that:
• You were driving a vehicle.
• Your driving was intentional and
involved chasing or harassing another person.
• Your actions caused actual or apprehended danger to the
person or others.
Unlike
dangerous driving under Section 52A, predatory driving
focuses on the intent to intimidate rather than the outcome (e.g., death or
injury). However, it’s a serious criminal offence due to its
potential to cause harm, making it essential to consult a predatory driving
lawyer in Sydney to navigate the legal process.
Penalties
for Predatory Driving in NSW
The
penalties for predatory driving reflect the offence’s severity and
its threat to public safety. They include:
• Maximum Penalty:
•
Up to 5 years imprisonment.
•
Maximum fine of $5,500 (50 penalty units).
•
Automatic licence disqualification for 3 years (minimum
12 months).
• Aggravating Factors:
•
If the offence involves additional criminal conduct (e.g., assault or property
damage), penalties may increase.
•
Repeat offenders face harsher consequences, including longer disqualifications.
A
conviction also results in a criminal record, which can impact
employment, travel, and insurance prospects. However, the court may issue a Section
10 dismissal or conditional release order under the Crimes
(Sentencing Procedure) Act 1999, allowing you to avoid a conviction, fine,
or disqualification. At Nicopoulos Sabbagh
Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in
Sydney have a proven track record of achieving the best possible
results for our clients.
Pleading
Guilty to a Predatory Driving Charge
Choosing
to plead guilty means accepting responsibility for the offence,
which can be a strategic decision if the evidence is strong or you wish to show
remorse. Pleading guilty can lead to more lenient penalties and negotiation
opportunities. Here’s what you need to know:
• Benefits of Pleading Guilty:
•
Sentencing Discount: An early guilty plea can reduce your penalty by up
to 25%, reflecting remorse and saving court resources.
•
Negotiation: Our criminal lawyers can negotiate with
prosecutors to request for facts to be amended to better reflect the correct
version of events or reduce the charge to a less serious offence, such as negligent
driving.
•
Non-Conviction Outcomes: A Conditional Release Order without
Conviction or a Section 10 dismissal can avoid imprisonment,
fines, or disqualification, especially for first-time offenders.
•
Faster Resolution: Pleading guilty avoids the stress and cost of a
trial.
• How We Support Guilty Pleas:
•
Gather character references to highlight your positive
contributions to the community.
•
Recommend that you prepare a letter of apology detailing the
circumstances and your remorse.
•
Present evidence of rehabilitation, such as completing a Traffic
Offender Intervention Program or anger management course.
•
Document hardship, such as the impact of a licence disqualification on
your job or family.
Our Sydney
criminal lawyers regularly appear in courts like Downing Centre,
Parramatta, and Burwood, securing Section 10 dismissals,
reduced sentences, or shorter disqualifications for predatory driving clients.
Pleading
Not Guilty: Defences to Predatory Driving
If you
believe you’re innocent or the prosecution’s case is weak, pleading not
guilty is a viable option. Your case will proceed to a defended
hearing or trial, where the prosecution must prove every element of
the offence. Possible defences include:
• Lack of Intent
• No Danger Caused
• Mistaken Identity
• Duress or Necessity
• Procedural Errors
Our criminal
defence lawyers in Sydney will analyse police reports, CCTV, and
witness accounts to identify weaknesses in the prosecution’s case. If
successful, the charge is dismissed, and you face no penalties or criminal
record.
Why
Choose Nicopoulos Sabbagh Lawyers?
A predatory
driving charge can threaten your freedom and driving privileges. At Nicopoulos Sabbagh Lawyers, we offer:
• Expertise: Decades of experience in criminal law and
traffic law.
• Results: Proven success in securing Section 10
dismissals and acquittals.
• Support: 24/7 availability for urgent advice.
• Local Knowledge: Regular appearances in Sydney
courts like Downing Centre and Parramatta.
Contact
Us
Don’t
let a predatory driving charge disrupt your life. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au,
call 02 9793 7016, 0427 101 499 or visit www.nslaw.net.au for
a free consultation. Let our Sydney criminal law firm fight
for you.
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney
Criminal Defence & Traffic Lawyers to represent you in your Traffic Law
Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law
matters. No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so
be sure to book your first Free Consultation today!
GOING
TO COURT?
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 your
Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 25th April 2025.
*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.