Throwing rocks or other objects at vehicles and vessels is not only dangerous but also illegal in New South Wales (NSW). The maximum penalty of this offence is 5 years imprisonment. The act of hurling objects at moving vehicles can have severe consequences for both the driver and the perpetrator and is most commonly seen when individuals typically young persons, throw rocks at cars from overpasses or the side of the road.
This is a specialised offence, which requires the vehicle or vessel on the road, railways or waters and there must be a person in that vehicle which endangers other the safety of any other person. Failing this thing the offence could be charged as Damage or Destroy Property if the actions cause damage.
The offence of throwing rocks and other objects at vehicles and vessels is described in Section 49A of the Crimes Act 1900 as:
(1) 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?
The prosecution must prove beyond a reasonable doubt that:
- The person threw, dropped, cause to be dropped the object on or towards the vehicle/vessel
- There was a person in the vehicle/vessel at the time
- The conduct caused a risk to the safety of any person
The prosecution does not have to prove:
- that the accused was aware that his or her conduct risked the safety of any person, or
- that the object made contact with the vehicle or vessel.
What if someone gets hurt? Or other possible charges?
If a person is hurt or there is evidence of intention to hurt another person, the charges can include:
This offence has a maximum penalty of 25 years imprisonment under Section 198 of the Crimes Act 1900 and is described as “A person who destroys or damages property, intending by the destruction or damage to endanger the life of another.”
This offence has a maximum penalty of 7 years (or in the case of fire and explosives 14 years) imprisonment under Section 196 of the Crimes Act 1900 and is described as “A person who destroys or damages property, intending by the destruction or damage to cause bodily injury to another.”
Possible Defences
If you’re facing charges related to throwing rocks at cars, there are potential defences that might apply:
- Duress
- The actions that caused damage were not intentional or reckless, or that you did not intend to throw the object as the vehicle/vessel
- No one was in the vehicle or the vehicle
- Did not cause any risk to the safety of a person
Impact on Victims
Victims of rock-throwing incidents can suffer not just from physical damage to their vehicles but also from emotional distress and safety concerns. The psychological impact on drivers who experience such threats while on the road can be significant, affecting their confidence and driving habits.
Throwing rocks at cars is a serious offense in NSW with significant legal repercussions. The potential for criminal charges, fines, imprisonment, and a criminal record underscores the gravity of this behaviour. If you find yourself facing charges contact us for legal advice and assistance.