On Fri, 09 May 2008 10:12:16 +1000, Phil Allison wrote:
> ** 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
As you might have gathered by now, you have a firm grasp of the shit end
of the stick. There is likely to be no significant charge, and certainly
not one under section 51A. Apart from the minor detail that section 51A
cannot apply in this case.
HTH |