"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.
RM: It seems unlikely that it the driver intended to murder, but it
looks
pretty obvious the driver intended to cause grievous bodily harm plus
damage to many bicycles. What else would any person EXPECT to
happen if they jammed on their brakes in front of ONE cyclist - let
alone 50 of them at 60 kph?
The driver indicated on radio that his car malfunctioned and stopped
suddenly of its own accord, but hordes of expert witnesses can testify
that a motor vehicle, because of momentum at 60 kph, cannot stop
suddenly unless their is a lock-up of such things as brakes or
transmission, so it couldn't have happened that way at all.
> ..... Phil
Ray
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