Where it is alleged that you have engaged in a police pursuit, you will be charged pursuant to section 51B Crimes Act 1900.
This is a serious offence and is usually dealt with in the local court. However, where the offence has resulted in the death of another person, it may be prosecuted in a higher court.
The State Government introduced Skye’s Law, which established it to be a particularly serious offence to engage in high-speed pursuits to evade police. This came after a toddler names Skye Sassine was killed by a driver who crashed into her parent’s car while attempting to escape police.
The maximum penalty for this offence is 3 years imprisonment. Where you have been convicted of another major offence in the preceding 5 years, the maximum penalty is increase to 5 years imprisonment.
It is important to know that the maximum penalty is reserved for the most serious offender and offences. This is just a guide and does not mean that you will receive full time jail.
In terms of disqualification, if convicted, you will be disqualified for an automatic period of 3 years unless the court can be convinced to reduce to the minimum of 1 year. It is important to speak to a specialist criminal lawyer to maximise your chances at reducing the disqualification period.
To be guilty of this offence, the prosecution must prove beyond reasonable doubt:
You drove a motor vehicle;
You either knew, should have known or had reasonable grounds to suspect that you were required to stop due to police being in pursuit with you;
You didn’t stop the vehicle; and
You drive recklessly or at a speed or manner dangerous to others.
Mistaken identity – it was not you driving;
You didn’t know police were in pursuit of you (ie the police car was at such a distance behind you that you didn’t know, and stopped when you became aware);
You were not driving recklessly or speeding in a way realising the possibility of causing danger to others on the road in the vicinity of it;
Duress or necessity.
Traffic Offenders Program
It is very important to enrol and engage in an approved Traffic Offenders Program prior to having your matter heard in court on sentence.
Completing an accredited program will significantly improve your chances at avoiding time off the road. Our expert criminal lawyers can guide you on the right course to maximise your chances at the best possible outcome.
25% Utilitarian Discount
On an early plea of guilty, you will receive a mandatory 25% discount on sentence.
Feel free to contact our team to arrange a free consultation to discuss how to maximise your chances at avoiding a disqualification and conviction.
