Elements

To successfully convict an individual of predatory driving, the prosecution must prove the following elements beyond reasonable doubt:

1. The individual drove a vehicle on a public road
2. The individual pursued another vehicle, or drove close to another vehicle
3. The individual engaged in some kind of conduct which causes a collision, or threatens a collision with the other vehicle
4. The individual’s conduct was intended to cause another person in the other vehicle actual bodily harm, that is, the harm that is more than merely transient or trifling

Penalties

Predatory driving may attract a maximum penalty of five years of incarceration..

Alternative penalties that the court can impose also include:

• Section 10 Dismissal
• Conditional Release Order
• Fine
• Community Correction Order
• Intensive Correction Order
• Prison.

Defences

Defences that can be raised include:

• Where you were coerced or threatened into driving in a predatory manner (duress)
• Where you drove in a predatory manner to prevent serious injury or danger (necessity).

Defences may reduce the severity of the penalty or have the effect of absolving an individual. Defences that may be raised include:

• Duress: where an individual is coerced or threatened into driving in a predatory manner

Necessity: where an individual drives in a predatory manner to avoid the prospect of serious injury or death.