The Introduction of Skye’s Law
In or around December 2009, a toddler named Skye Sessine was killed when her family’s car was struck by another driver who was suspected of armed robbery and was attempting to evade the police in a police pursuit.
As a result, the NSW Government introduced a legislation where it is now a serious crime when evading a police pursuit, with punishment of up to three (3) years in jail. Repeat offenders may be subject to up to five (5) years in jail. In addition to the imprisonment term, the offender may be subject to a disqualification from driving for a period of up to three years.
Elements of Police Pursuits Offence
An offence may be established where:
- The offender is aware of the pursuit taking place;
- Fails to stop; and
- Continues to drives recklessly or dangerously.
Defence for Police Pursuits Offence
It may be difficult for the Prosecution to establish that the elements of the offence are proven beyond reasonable doubt, as it may be difficult to establish that the offender was aware of the pursuit.
How JB Solicitors Can Help
Please feel free to reach out and contact us if you wish to learn more or need expert criminal lawyers to assist you.