Understanding Police Pursuit Offences in New South Wales
The tragic death of toddler Skye Sassine, caused by a suspected armed robber evading police, led to the introduction of a specific offence for police pursuits in New South Wales, known as “Skye’s Law.” This offence is outlined in Section 51B of the Crimes Act 1900. Here’s what you need to know about police pursuit offences.
What Is the Offence of Police Pursuit?
Under Section 51B of the Crimes Act 1900, a person is guilty of an offence if they:
- Know, ought reasonably to know, or have reasonable grounds to suspect that police officers are in pursuit of their vehicle and that they are required to stop, and
- Do not stop the vehicle, and
- Drive the vehicle recklessly or at a speed or in a manner dangerous to others.
Elements of the Police Pursuit Offence
For a conviction, police must prove all elements of the offence beyond a reasonable doubt, including both physical and mental components (intention, recklessness, negligence, or knowledge). Unlike most traffic offences that are ‘strict liability’ offences, police pursuit requires proof of the accused’s awareness or reasonable suspicion of being pursued by police.
Penalties and License Disqualifications
The penalties for a police pursuit offence depend on whether it is the first or a subsequent offence:
- First Offence: Maximum penalty of imprisonment for three years.
- Second/Subsequent Offence: Maximum penalty of imprisonment for five years.
License Disqualifications
Conviction for a police pursuit offence results in mandatory license disqualification as it is classified as a “major offence” under Section 4 of the Road Transport Act 2013. Disqualification periods are:
- First Major Offence in Five Years: Automatic disqualification of three years (minimum 12 months).
- Subsequent Major Offence in Five Years: Automatic disqualification of five years (court may reduce to a minimum of two years if appropriate).
Defences to Police Pursuit Charges
An accused may defend against police pursuit charges by proving:
- They were not the driver of the vehicle.
- They did not and could not reasonably have known police were in pursuit.
- They did not and could not reasonably have known they were required to stop.
- They did not drive recklessly or at a speed or manner dangerous to others.
- They stopped the vehicle immediately after becoming aware of the police pursuit.
Penalties for Criminal Offences in NSW
In New South Wales, courts can impose a variety of penalties for criminal offences. These penalties range from non-custodial options to full-time imprisonment, allowing courts to tailor the punishment to the specifics of each case. Here is an overview of the potential penalties:
Section 10 – No Conviction Recorded
Under Section 10 of the Crimes (Sentencing Procedure) Act 1999, a court may decide not to record a conviction. This means the offender is found guilty but does not receive a criminal record, avoiding the impact of a formal conviction.
Fine
A financial penalty payable to the court. The amount can vary depending on the severity of the offence and the offender’s financial circumstances.
Section 9 – Good Behaviour Bond
A court may impose a good behaviour bond under Section 9, requiring the offender to adhere to certain conditions for a specified period. Failure to comply with these conditions can result in further penalties. This good behaviour can be imposed without criminal conviction.
Community Service Order
Offenders may be required to perform a specified number of hours of unpaid community work. This order aims to benefit the community while providing an alternative to incarceration.
Intensive Correction Order (ICO)
An ICO is a custodial sentence served in the community under strict supervision, including regular reporting, community service, and participation in rehabilitation programs.
Home Detention
Offenders may be confined to their home for a specified period, subject to electronic monitoring and regular checks by correctional officers. Home detention is an alternative to imprisonment for less serious offences.
Prison Sentence
The most severe penalty, involving full-time incarceration in a correctional facility. The length of the prison sentence depends on the severity of the offence and any aggravating or mitigating factors.
Will I Go Jail?
The fear of being sent to prison is natural and rational, especially considering the unfamiliarity and the severe penalties associated with many offences. Maximum penalties are often stated in terms of years in prison and are one of the factors considered during sentencing. However, courts consider many other factors—both subjective (personal circumstances of the defendant) and objective (details of the offending conduct).
Presumption Of Innocence
It’s essential to remember that anyone charged with a criminal offence is presumed innocent until proven guilty in a court of law. Being accused via a court attendance notice or otherwise is far from being found guilty, receiving a conviction, and facing a prison sentence, which is considered a last resort.
Burden Of Proof
The prosecution must prove each element of the case beyond a reasonable doubt. If the defendant presents a legal defence, the prosecution must also disprove that defence to the same high standard. the criminal standard of “beyond reasomable doubt” is the highest standard of proof and must be satisfied before a person is found guilty and convicted of a crime.
Sentencing Statistics For Criminal Offences In NSW
Here are the penalties imposed by courts for some frequently prosecuted criminal and traffic offences, based on data from the Judicial Commission of New South Wales:
| Offence |
Section / Act |
Maximum Prison Sentence |
Number of Cases |
Number Sent to Prison |
Percentage Sent to Prison |
| Common assault |
s61 / Crimes Act 1900 |
2 years |
11,341 |
33 |
0.2% |
| Assault occasioning actual bodily harm |
s59 Crimes Act 1900 |
5 years |
4,421 |
14 |
2.4% |
| Sexual touching (general offence) |
s61KC(a) Crimes Act 1900 |
5 years |
286 |
21 |
7.3% |
| Break, enter and commit serious indictable offence (steal) |
s112(1)(a) Crimes Act 1900 |
14 years |
179 |
29 |
16.2% |
| Possess prohibited drug |
s10 Drug Misuse and Trafficking Act 1985 |
2 years |
10,304 |
3 |
0.03% |
| Supply or knowingly take part in supply of small quantity of prohibited drug |
s25(1) Drug Misuse and Trafficking Act 1985 |
15 years |
379 |
4 |
1.1% |
| Stalk/intimidate (domestic relationship) |
s13 Crimes (Domestic and Personal Violence) Act 2007 |
5 years |
4,107 |
50 |
1.2% |
| Stalk/intimidate (personal relationship) |
s13 Crimes (Domestic and Personal Violence) Act 2007 |
5 years |
1,154 |
18 |
1.6% |
| Contravene AVO (domestic relationship) |
s14 Crimes (Domestic and Personal Violence) Act 2007 |
2 years |
1,632 |
18 |
1.1% |
| Contravene AVO (personal relationship) |
s14 Crimes (Domestic and Personal Violence) Act 2007 |
2 years |
108 |
1 |
0.9% |
| Driving with mid-range prescribed concentration of alcohol |
s110(4)(a) Road Transport Act 2013 |
9 months |
11,019 |
2 |
0.02% |
| Driving with high-range prescribed concentration of alcohol |
s110(5)(a) Road Transport Act 2013 |
18 months |
3,958 |
19 |
0.5% |
| Negligent driving occasioning grievous bodily harm |
s117(1)(b) Road Transport Act 2013 |
12 months |
603 |
0 |
0% |
| Negligent driving occasioning death |
s117(1)(a) Road Transport Act 2013 |
18 months |
78 |
1 |
1.3% |
Factors In Sentencing
Each case is assessed on its merits, with maximum penalties being a critical consideration. Although imprisonment may be unlikely for first-time offenders, engaging a specialist criminal defence lawyer can significantly impact the outcome, potentially leading to charges being withdrawn or dismissed, or minimizing penalties. It is also important to know that in some situations, imprisonment may be highly likely and so it is imperative that you obtain legal representation from the inception of your criminal law matter.
What are your options at Law?
If you are facing charges of Police Pursuit, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Facing Police Pursuit Charges?
If you’re facing charges for a police pursuit offence, it’s crucial to get expert legal representation. Barsha Defence Lawyers are here to help. We specialize in defending clients against serious traffic and criminal offences.
Call Barsha Defence Lawyers Now! Contact us on 0474 708 070 to schedue a free initial consultation. Our dedicated team will provide expert legal advice, guide you through your options, and fight to achieve the best possible outcome in your case.
