Driving motor vehicle at police
29A Driving motor vehicle at police
A person commits an offence if—
the person drives a motor vehicle near or at a police officer; and
the person knows, or is reckless about whether, the police officer is a police officer; and
the police officer is exercising a function given to the officer as a police officer; and
the person—
intends to risk the police officer’s safety by that conduct; or
is reckless about risking the police officer’s safety by that conduct.
Maximum penalty: imprisonment for 15 years.
Strict liability applies to subsection (1) (c).
For subsection (1) (b), it is presumed, unless there is evidence to the contrary, that the defendant knew that the police officer was a police officer if—
the officer identified themselves as a police officer; or
the officer was inside a vehicle that stated “police” on the outside of the vehicle; or
the officer was inside a vehicle and it was reasonably apparent that the vehicle was being used, or was ordinarily used, by a police officer in the exercise of the officer’s functions; or
the fact that the police officer was a police officer was reasonably apparent, having regard to all of the circumstances, including the conduct and manner of the police officer.
Example—par (c) the vehicle was an unmarked car displaying a flashing blue or red light (whether or not it was displaying other lights) or was using a siren
The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (3).
A person may be guilty of an offence against this section regardless of whether the person’s driving injured the police officer.
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