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.