** Hi to all,
The recent incident in Sydney involving some 50 bicyclists brought down on
the highway by the deliberate act of a motorist seems very much a criminal
matter - but what criminal charge can the NSW police use ?
Driving offences have been mentioned by the police, eg failing to stop
after an accident - but what happened is way more serious than that. I see
two possibilities in the NSW Crimes Act: Sections 51A and 52AB.
The first is called "Predatory driving" and the second is " Offence of
failing to stop and assist after vehicle impact causing death or grievous
bodily harm ". Far as we know, by great luck no rider was seriously
injured, so the second is out.
Predatory driving is shown here:
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s51a.html
Part 3 defines the meaning of impact with a "vehicle" plus section 52A
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s52a.html
defines a "vehicle" as being other than human powered.
But 51A part 3 (a) also says: " an impact with any other vehicle or with a
person or object," so is " predatory driving " available when the victim
of the crime is a bicyclist ??
It appears that the exclusion on human powered vehicles prevents a charge of
" Predatory driving " being laid against a bicyclist - but does not
prevent the charge being laid against a motorist when a bicyclist is the
victim in the event.
So will 51A be the likely charge ?
Or maybe " attempted murder " would be closer to the mark.
..... Phil
|