Damaging police vehicle
29B Damaging police vehicle
A person commits an offence if—
the person drives a motor vehicle and causes damage to a police vehicle by that conduct; and
the person knows, or is reckless about whether, the damaged vehicle is a police vehicle; and
the person intends to cause, or is reckless about causing, damage to the police vehicle.
Maximum penalty: imprisonment for 5 years.
For subsection (1) (b), it is presumed, unless there is evidence to the contrary, that the defendant knew that the damaged vehicle was a police vehicle if—
the vehicle stated “police” on the outside of the vehicle; or
the fact that the vehicle was a police vehicle was reasonably apparent, having regard to all of the circumstances, including the manner in which it was being driven.
Example—par (b) 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 (2).
A person may be guilty of an offence against this section regardless of whether the damaged vehicle was occupied by a police officer.
In this section:
police vehicle means a motor vehicle that is being used, or is ordinarily used, by a police officer in the exercise of the officer’s functions.
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