118Menacing driving

#### 118 Menacing driving 118 Menacing driving (cf STM Act, s 43) > > (1) Offence—intent to menace A person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing that other person. > > > > Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence). > > > (2) Offence—possibility of menace A person must not drive a motor vehicle on a road in a manner that menaces another person if the person ought to have known that the other person might be menaced. > > > > Maximum penalty—20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence). > > > (3) Application of section This section applies— > > > > > (a) whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and > > > > > (b) whether or not that person or that property is on a road. > > > (4) Defence A person is not guilty of an offence against this section if the person could not, in the circumstances, reasonably avoid menacing the other person. > > > (5) Double jeopardy A person is not liable to be convicted of— > > > > > (a) both an offence against subsection (1) and an offence against subsection (2), or > > > > > (b) both an offence against this section and an offence against section 117, > > > > arising out of a single incident.