"Phil Allison" wrote
in message
news:68hj77F2tbbbeU1@mid.individual.net...
> ** 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
Is it that time of the month, Phillip?
Do you wear those tights and ride a bike too,
Phillip?
|