Police pursuit charges are considered very seriously by the courts. Police pursuits are now also known as “Skye’s Law” after a 19 month old toddler named Sky Sassine was killed during a police chase in 2009.
This offence is occasioned when you are evading the police by way of a motor vehicle which causes danger to the community.
What the prosecution need to prove
The prosecution must prove beyond a reasonable doubt
1. That you drove a vehicle; and
2. That you knew or reasonably should have known that you were being pursued by police; and
3. That you did not stop after you realised that the police were in pursuit of you; and
4. That you then drove recklessly or at a speed or in a manner that is dangerous to others.
The charge can be successfully defended if we are able to show that the prosecution cannot prove both of those elements beyond a reasonable doubt. Speak to your lawyer who can provide you with advice as to your prospects of success.
Penalties
The maximum penalty for this charge is 3 years imprisonment. There is also an automatic disqualification period of three years, which can be reduced to 12 months.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
