What is the Penalty for Police Pursuit?
What is Skye’s Law?
Skye’s Law was passed after the tragic death of Skye Sassine, who was killed when a getaway robbery car crashed into the car she was a passenger in, during a police pursuit.
The NSW Government then included police pursuit as a provision in the Crimes Act NSW 1900.
How to Police prove the offence of Police Pursuit?
Section 51B of the Crimes Act 1900, states:
(1) The driver of a vehicle:
(a) who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and
(b) who does not stop the vehicle, and(c) who then drives the vehicle recklessly or at a speed or in a manner dangerous to others, is guilty of an offence.
In other words, the police must first prove that you knew that the police required you to stop, you then failed to stop, and then drove dangerously or recklessly.
What is the penalty for Police Pursuit if it is my first offence?
If it is your first offence of police pursuit, the maximum penalty is a term of imprisonment for 3 years.
The mandatory disqualification period is 12 months.
What is the penalty for Police Pursuit if it is second offence?
If it is your second offence of police pursuit, the maximum penalty is a term of imprisonment of 5 years.
The mandatory disqualification period is 12 months.
If you are found guilty of a police pursuit offence, the likely penalty that you receive will depend on many factors, including your traffic and criminal history, your personal circumstances, and the seriousness of the offence that you committed.
Can I get a Section 10 as a penalty for Police pursuit?
It will be very difficult to get a Section 10 as a penalty for Police Pursuit. However, if the level of seriousness of your offending behaviour was low, it is a possible outcome as a penalty.
For more information on Section 10, and to see case studies where we have achieved a Section 10 for our clients, go to:
https://lylawyers.com.au/criminal-law/section-10/
For more information on police pursuit, and to see case studies on cases where we have represented others, go to:
https://lylawyers.com.au/criminal-law/criminal-offence/police-pursuits/