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
51A(1)(b) might be difficult to prove, particularly if the distances
involved were such that he could reasonably expect the bicycles to stop
if they'd had braking ability similar to vehicles.
Sylvia. |