Throwing Rocks & Other Objects On Vehicles Or Vessels
What is Throwing Rocks
& Other Objects on Vehicles or Vessels?
If a person intentionally
throws an object at, or drops an object on or towards, a vehicle or vessel that
is on any road, railway or navigable waters, andthere is a person in the
vehicle or vessel, andthe conduct risks the safety of any person that person
will be guilty of an offence.
Case law/Jurisdiction
The offence of Throwing Rocks & Other Objects on Vehicles or Vessels
is what is known as a Table 2 offence under the relevant legislation, which
means it is to be dealt with in the Local Court unless an election is made for
trial on indictment by the Department of Public Prosecutions (DPP).
the law
Per s 49(a) of the Crimes Act-1900 (NSW) a person is guilty
of an offence if:
(a) the person intentionally throws an
object at, or drops an object on or towards, a vehicle or vessel that is on any
road, railway or navigable waters, and
(b) there is a person in the vehicle or
vessel, and
(c) the conduct risks the safety of any
person.
What must the prosecution
prove?
Since Throwing Rocks & Other Objects on Vehicles or Vessels is a
criminal offence, the burden of proof lies on the Prosecution. The prosecution
must prove the Accused’s guilt beyond reasonable doubt. That is a high standard
of proof that the prosecution must achieve before someone can be convicted of Throwing
Rocks & Other Objects on Vehicles or Vessels
To establish Throwing Rocks & Other Objects on Vehicles or Vessels,
the prosecution must prove each of the following matters beyond reasonable
doubt:
·
You intentionally
throw an object at, or drop an object on or towards, a vehicle or vessel that
is on any road, railway or navigable waters; and
·
There is a person in
the vehicle or vessel; and
·
The conduct risks the
safety of any person.
If you are
charged with the offence of Throwing Rocks & Other Objects on Vehicles or
Vessels what are your options?
National Criminal
Lawyers have been successful in defending a number of Throwing Rocks &
Other Objects on Vehicles or Vessels charges where the prosecution could not
establish each of the elements of Throwing Rocks & Other Objects on
Vehicles or Vessels. We have also achieved a number of non-convictions for Throwing
Rocks & Other Objects on Vehicles or Vessels charges.
NCL offer the
following options for those who have been charged with Throwing Rocks &
Other Objects on Vehicles or Vessels:
1. We will negotiate with prosecutors
(police or DPP) (a term referred to as “plea negotiations”) to request that the
charge is withdrawn, downgraded or fact sheets amended;
2. NCL will Plead Not Guilty and go to
hearing/trial and persuade the Court that prosecution has not proven its case
beyond reasonable doubt;
3.
Plead
guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view
of having you sentenced less harshly; and/or
4. Plead guilty with full acceptance of
the facts as set out by the police and make strong submissions on your behalf requesting
that the Court not record a criminal conviction.
Pleading guilty
If you agree that you have committed the offence and the police are able
to prove all the elements of the offence, it is best to plead guilty at an
early opportunity to receive the maximum discount. Currently the maximum
discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse
and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure
that we obtain all necessary paper work at increasing the chances of obtaining
a non-conviction or section 10.
Maximum penalty:
Throwing Rocks & Other Objects on Vehicles or Vessels can be
punished with a prison sentence of up to 2 years (if heard in the Local Court) or
up to 5 years (If heard in the District Court). Please note that the penalties
mentioned are reserved for the worse case offending and are unlikely to be the
penalty you receive.
Pleading Not Guilty
If you decide to plead not guilty you will need to
prepare to go to a Defended Hearing. A defended hearing is where all the
witnesses of that case are called to give evidence. The witnesses are both
examined by the prosecution and tested by your defence lawyers.
National Criminal
Lawyers Sydney have defended
thousands of people charged with Throwing Rocks & Other Objects on Vehicles
or Vessels and are experts at these hearings.
Defences
Sometimes the elements of Throwing Rocks & Other Objects on Vehicles
or Vessels can be established however there also may exist a defence at law.
Some of the possible defences available for those charged with Throwing Rocks
& Other Objects on Vehicles or Vessels can include:
·
Duress-If you were
compelled to act in a certain way due to the circumstances, or the threats of
another you may be able to argue “Duress”
·
Necessity – If your
actions were necessary to prevent a greater harm from occurring, you may have
the defence of-Necessity.
·
Self-defence - If you
were defending yourself or another OR yours or another’s property you may have
a Defence of Self-Defence even in situations where “Pre-Emptive Force” is used.
Moreover, at times there “No duties or need to retreat”.
Statistics
The Courts are not bound by statistics however there must be reasonable
consistency in sentences. A Magistrate or Judge should have regard to what has
been done in other cases. In Green
[2011] HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ
stated:
“Equal
Justice” embodies the norm expressed in the terms “equality before the law”. It
is an aspect of the rule of law.
For Throwing Rocks & Other Objects on Vehicles or Vessels 11% of
offenders received a full-time prison sentence whereas 45% received a good
behaviour bond.
POSSIBLE PENALTY’S
In NSW, a court can impose any of the following penalties for a Throwing
Rocks & Other Objects on Vehicles or Vesselscharge.
·
Prison sentence
·
Home Detention
·
Intensive correction
order (previously periodic detention)
·
Suspended sentence
·
Community service
order (CSO)
·
Good behaviour bond
·
Fine
·
Section 10
However, from the 24 September 2018 new penalty’s will be replacing the
above. They are as follows:
·
Full time
Imprisonment
·
New ICO (ICO) with a
home detention condition available
·
New Community
Correction Order (CCO)
·
Fine
·
New Conditional
release Order (CRO)
Case studies
Our client was involved in an argument with his flatmate. The flatmate
started punching him and then got in his car. Our client stood on the road and
his flatmate tried to run him over, so our client threw a large rock at the
vehicle in self-defence. The Magistrate determined that our client had indeed
acted in self-defence against the flatmate and therefore was not guilty of the
offence as charged. The charge was dismissed against him.
Why National Criminal
Lawyers
There are three reasons to choose National Criminal Lawyers
We are the experts in either beating or having criminal charges
withdrawn AND/OR obtaining the least restrictive penalty available. This is
because no matter which option you choose within our tailored Options at Law
you will be dealing with experienced criminal lawyers who can make sure the
evidence is not only obtained properly but also that your case is prepared and
presented to the highest best practice standards possible. This is also done
without breaking your pocket.
2. We give a Senior Defence Lawyer guarantee
No matter which option at law you choose, National Criminal Lawyers can
guarantee that a Senior Defence Lawyer will represent you. This means that with
our over 25 years of Combined criminal law experience you will get the best
result possible.
3. National Criminal Lawyers are the best defenders of your rights
At National Criminal Lawyers we know that Criminal Law is a matter of
Human Rights. For this reason, we take pride and passion in representing our
clients. This pride and passion to assist those charged with an alleged or
actual breach of the criminal law is to us a matter of righteous necessity and
in that sense, you can always rest assured that National Criminal Lawyers are
the best defenders of your rights. This true not only when the police have just
simply got it wrong OR if they have got it right then we can speak with you and
make sure you get you the best result available.
If you have been charged with any Throwing Rocks offence our Team at
National Criminal Lawyers are well versed and specialists in having charges
either withdrawn and otherwise achieving favourable outcomes. Please contact
our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.
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