Predatory Driving

Predatory driving is a serious criminal offence in New South Wales that can result in imprisonment, a criminal record, and automatic licence disqualification

What Is Predatory Driving in NSW?

Predatory driving is a criminal offence under Section 51A of the Crimes Act 1900 (NSW) — not the Road Transport Act 2013. This distinction is significant: because it falls under the Crimes Act rather than traffic legislation, it is treated as a criminal offence rather than a driving offence, and attracts far more serious consequences.

Under section 51A, a driver commits predatory driving if they are in pursuit of or travelling near another vehicle, engage in a course of conduct that causes or threatens an impact involving the other vehicle, and intend by that conduct to cause a person in the other vehicle actual bodily harm.

Critically, no actual impact needs to occur and no injury needs to result. The offence is complete where the threat of an impact is established, and the intent to cause harm is proven.

Examples of Predatory Driving

Predatory driving charges most commonly arise from road rage incidents that escalate into deliberate, targeted conduct. Common examples include:

Deliberately ramming or side-swiping another vehicle
Cutting off another vehicle at high speed to force it off the road
Aggressively tailgating with the intent to cause a rear-end collision
Forcing another vehicle to stop by blocking it or driving it toward a barrier

Potential Consequences

A conviction for predatory driving carries consequences beyond the courtroom: a criminal record that may appear on police checks, automatic licence disqualification, potential imprisonment, and serious long-term impacts on employment, particularly for professional drivers or anyone in a role requiring a background clearance or a valid licence.

How the Law Identifies Predatory Driving

To establish the predatory driving offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

The accused was the driver of a motor vehicle
The driver was in pursuit of or travelling near another vehicle
The driver engaged in a course of conduct that caused or threatened an impact involving the other vehicle
The driver intended by that course of conduct to cause a person in the other vehicle actual bodily harm

“Actual bodily harm” means harm more than transient or trifling — including bruises, scratches, and serious or prolonged psychological harm. “Impact” includes impact with another vehicle, person, or object, and includes the vehicle overturning or leaving the road.

Is Predatory Driving an Indictable Offence?

Yes. Predatory driving is an indictable offence under the Crimes Act that can be dealt with either summarily in the Local Court or on indictment in the District Court. The prosecution determines the venue based on the seriousness of the conduct. Most matters are heard in the Local Court, but the most serious cases — particularly those involving an actual impact and resulting injury — may be committed to the District Court.

Penalties for Predatory Driving in NSW

Penalties depend on whether the matter is heard in the Local Court or the District Court and on the specific circumstances of the offending.

	Local Court (Summary)	District Court (On Indictment)
Maximum imprisonment	2 years	5 years
Maximum fine	—	$100,000
Automatic licence disqualification	Applies	Applies
Criminal record	Yes (unless Section 10 granted)	Yes (unless Section 10 granted)

Source: Crimes Act 1900 (NSW), Section 51A

In addition to imprisonment, a convicted driver faces automatic licence disqualification and a criminal conviction recorded on their criminal record, unless the court grants a Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999.

Sentencing options available to the court include full-time imprisonment, an Intensive Corrections Order (ICO), a Community Corrections Order (CCO), or a Conditional Release Order (CRO) with or without conviction.

Defences for Predatory Driving in NSW

Because predatory driving requires proof of specific intent, there are meaningful opportunities to defend this charge. An experienced criminal lawyer can assess which defence applies to your circumstances.

Pleading Not Guilty to Predatory Driving Charges

If you plead not guilty, the prosecution must prove each element of the offence beyond a reasonable doubt. Available defences include:

You were not in pursuit of or travelling near another vehicle
You did not engage in a course of conduct that caused or threatened an impact
You did not intend to cause actual bodily harm to a person in the other vehicle
Identification — the prosecution cannot prove beyond a reasonable doubt that you were the driver
Self-defence, necessity, or duress

Because the charge turns on intent, it is often possible to contest a predatory driving charge even where an impact occurred. There may also be an opportunity to negotiate with the prosecution for a lesser charge — such as menacing driving under the Road Transport Act 2013 — where evidence of intent is insufficient.

Pleading Guilty to Predatory Driving Charges

If you plead guilty, the focus shifts to achieving the most favourable sentence. A strong plea in mitigation — supported by character references, genuine remorse, completion of a Traffic Offenders Program, and evidence of your personal circumstances — can significantly influence the outcome.

A Section 10 dismissal is available for a predatory driving offence, though it is very uncommon. The court will consider your prior driving record, any aggravating circumstances, and evidence of good character.

Burden of Proof

The burden of proof lies entirely with the prosecution. It is not for you to prove innocence. The prosecution must satisfy the court beyond a reasonable doubt that each element of the predatory driving offence has been established. If any element is not proven to that standard, you are entitled to be found not guilty.