Division 8A—Driving offences connected with emergency workers, custodial officers, youth justice custodial workers and emergency service vehicles
S. 317AB inserted by No. 65/2017 s. 3.
317AB Interpretation
custodial officer has the same meaning as in section 10AA(8) of the Sentencing Act 1991;
S. 317AB(1) def. of emergency worker amended by No. 65/2017 s. 5(1)(a).
emergency worker has the same meaning as in section 10AA(8) of the Sentencing Act 1991;
S. 317AB(1) def. of youth justice custodial worker inserted by No. 65/2017 s. 5(1)(b).
youth justice custodial worker has the same meaning as in section 10AA(8) of the Sentencing Act 1991.
(2) For the purposes of this Division—
(a) an emergency worker is on duty if they would be on duty for the purposes of section 10AA(9) of the Sentencing Act 1991; and
S. 317AB(2)(b) amended by No. 65/2017 s. 5(2)(a).
(b) a custodial officer is on duty if they would be on duty for the purposes of section 10AA(10) of the Sentencing Act 1991; and
S. 317AB(2)(c) inserted by No. 65/2017 s. 5(2)(b).
(c) a youth justice custodial worker is on duty if they would be on duty for the purposes of section 10AA(11) of the Sentencing Act 1991.
S. 317AC (Heading) amended by No. 65/2017 s. 6.
S. 317AC inserted by No. 65/2017 s. 3.
317AC Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
S. 317AC(1)(a) amended by No. 65/2017 s. 7(1).
(a) drives a motor vehicle in the vicinity of another person who is an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty; and
S. 317AC(1)(b) amended by Nos 65/2017 s. 7(2), 3/2019 s. 5(1).
(b) knows that, or is reckless as to whether, the other person is an emergency worker, a custodial officer or a youth justice custodial worker; and
(c) without lawful excuse, drives the motor vehicle and intends to expose the other person to a risk to safety—
is guilty of an offence and liable to level 3 imprisonment (20 years maximum).
S. 317AC(2) amended by Nos 65/2017 s. 7(2), 3/2019 s. 5(1).
(2) For the purposes of subsection (1), the person is taken to know that the other person is an emergency worker, a custodial officer or a youth justice custodial worker (as the case may be) if—
S. 317AC(2)(a) amended by Nos 65/2017 s. 7(2), 3/2019 s. 5(1).
(a) the other person has identified themselves as an emergency worker, a custodial officer or a youth justice custodial worker; or
(b) the other person is inside or in the vicinity of a vehicle which—
(i) bears the livery or insignia of an emergency service; or
(ii) is displaying a flashing blue or red light (whether or not it is displaying other lights); or
(iii) is sounding an alarm; or
S. 317AC(2)(c) amended by Nos 65/2017 s. 7(2)(3), 3/2019 s. 5(2).
(c) the fact that the other person is an emergency worker, a custodial officer or a youth justice custodial worker is reasonably apparent, having regard to all the circumstances, including the conduct and manner of the emergency worker, custodial officer or youth justice custodial worker.
(3) A person may be found guilty of an offence under subsection (1) irrespective of whether the emergency worker, custodial officer or youth justice custodial worker was injured by the conduct of the person driving the motor vehicle.
Notes to s. 317AC(3) amended by Nos 65/2017 s. 7(4), 48/2018 s. 93, repealed by No. 23/2020 s. 17(1).
Notes to s. 317AC inserted by No. 23/2020 s. 17(2).
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.
2 See section 10AE(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 317AC and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence unless the court finds under section 10A of that Act that a special reason exists.
3 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
S. 317AD (Heading) amended by No. 65/2017 s. 8.
S. 317AD inserted by No. 65/2017 s. 3.
317AD Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
S. 317AD(1) amended by No. 65/2017 s. 9(1).
(1) A person is guilty of the aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving if the person commits an offence against section 317AC and any of the following apply—
(a) the motor vehicle driven by the person in the commission of the offence against section 317AC is stolen and the person knows that, or is reckless as to whether, the motor vehicle is stolen;
(b) the person commits the offence against section 317AC in connection with an offence committed by that person against section 317AG;
(c) the person commits the offence against section 317AC in connection with another indictable offence committed by that person, punishable by 10 years imprisonment or more.
(2) For the purposes of subsection (1)(b) and (c), the offences are connected if—
(a) there is a close connection in time; or
(b) there is a close connection in place; or
(c) in the case of subsection (1)(c), the purpose of the commission of the offence against section 317AC is to avoid apprehension for the other indictable offence.
S. 317AD(3) amended by No. 65/2017 s. 9(1).
(3) A person guilty of the aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).
Notes to s. 317AD amended by Nos 65/2017 s. 9(2), 48/2018 s. 94, substituted by No. 23/2020 s. 18.
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.
2 An offence against this section (other than a category 1 offence referred to in note 1) is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
3 See section 10AE(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 317AD and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence unless the court finds under section 10A of that Act that a special reason exists.
4 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
S. 317AE (Heading) amended by No. 65/2017 s. 10.
S. 317AE inserted by No. 65/2017 s. 3.
317AE Recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
S. 317AE(1)(a) amended by No. 65/2017 s. 11(1).
(a) drives a motor vehicle in the vicinity of another person who is an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty; and
S. 317AE(1)(b) amended by No. 65/2017 s. 11(2).
(b) knows that, or is reckless as to whether, the other person is an emergency worker, custodial officer or youth justice custodial worker; and
(c) without lawful excuse, drives the motor vehicle and recklessly exposes the other person to a risk to safety—
S. 317AE(2) amended by No. 65/2017 s. 11(2).
(2) For the purposes of subsection (1), the person is taken to know that the other person is an emergency worker, custodial officer or youth justice custodial worker (as the case may be) if—
S. 317AE(2)(a) amended by No. 65/2017 s. 11(2).
(a) the other person has identified themselves as an emergency worker, custodial officer or youth justice custodial worker; or
(b) the other person is inside or in the vicinity of a vehicle which—
(i) bears the livery or insignia of an emergency service; or
(ii) is displaying a flashing blue or red light (whether or not it is displaying other lights); or
(iii) is sounding an alarm; or
S. 317AE(2)(c) amended by No. 65/2017 s. 11(2)(3).
(c) the fact that the other person is an emergency worker, custodial officer or youth justice custodial worker is reasonably apparent, having regard to all the circumstances, including the conduct and manner of the emergency worker, custodial officer or youth justice custodial worker.
S. 317AE(3) amended by No. 65/2017 s. 11(3).
(3) A person may be found guilty of an offence under subsection (1) irrespective of whether the emergency worker, custodial officer or youth justice custodial worker was injured by the conduct of the person driving the motor vehicle.
Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
S. 317AF (Heading) amended by No. 65/2017 s. 12.
S. 317AF inserted by No. 65/2017 s. 3.
317AF Aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
S. 317AF(1) amended by No. 65/2017 s. 13.
(1) A person is guilty of the aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving if the person commits an offence against section 317AE and any of the following apply—
(a) the motor vehicle driven by the person in the commission of the offence against section 317AE is stolen and the person knows that, or is reckless as to whether, the motor vehicle is stolen;
(b) the person commits the offence against section 317AE in connection with an offence committed by that person against section 317AG;
(c) the person commits the offence against section 317AE in connection with another indictable offence committed by that person, punishable by 10 years or more imprisonment.
(2) For the purposes of subsection (1)(b) and (c), the offences are connected if—
(a) there is a close connection in time; or
(b) there is a close connection in place; or
(c) in the case of subsection (1)(c), the purpose of the commission of the offence against section 317AE is to avoid apprehension for the other indictable offence.
S. 317AF(3) amended by No. 65/2017 s. 13.
(3) A person guilty of the aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
1 An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
2 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
S. 317AG inserted by No. 65/2017 s. 3.
317AG Damaging an emergency service vehicle
(1) A person must not, without lawful excuse, recklessly drive a motor vehicle so that damage is caused to an emergency service vehicle.
(2) To be guilty of an offence under subsection (1), the person must know that, or be reckless as to whether, the other vehicle is an emergency service vehicle.
(3) For the purposes of subsection (2), the person is taken to know that the other vehicle is an emergency service vehicle if—
(a) the motor vehicle bears the livery or insignia of an emergency service; or
(b) the motor vehicle is displaying a flashing blue or red light (whether or not it is displaying other lights); or
(c) the motor vehicle is sounding an alarm; or
(d) the fact that the motor vehicle is an emergency service vehicle is reasonably apparent, having regard to all of the circumstances, including the manner in which the emergency service vehicle is being driven.
S. 317AG(4) amended by No. 65/2017 s. 14(2).
(4) In this section, emergency service vehicle means a motor vehicle that, at a particular time—
S. 317AG(4)(a) amended by No. 65/2017 s. 14(1).
(a) is being used by an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty; or
S. 317AG(4)(b) amended by No. 65/2017 s. 14(1).
(b) is ordinarily used by an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty—
regardless of whether it is occupied by an emergency worker, a custodial officer or a youth justice custodial worker at that time.
Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
Pt 1 Div. 9 (Heading) amended by No. 127/1986 s. 102(Sch. 4 item 5.3).