A high-speed police chase on New Year’s Eve in 2009 resulted in the death of 19-month-old Skye Sassine, who was killed in the accident. Due to this, the law known as Skye’s Law was introduced as an amendment to the Crimes Act in 2010.
Skye’s Law is an offence under Section 51B Crimes Act 1900 (NSW). This is a police pursuit offence, and the maximum penalty for a first offence is 3 years imprisonment. The maximum penalty for a second or subsequent offence is 5 years imprisonment.
Moreover, a first-time offender will automatically lose their licence for 3 years with a minimum disqualification period of 12 months. A second or subsequent offender will automatically be disqualified from driving for 5 years with a minimum disqualification of 2 years.
To be found guilty of a police pursuit in NSW, it must be proven beyond reasonable doubt that:
All the above elements must be proved beyond a reasonable doubt before you can be found guilty of Skye’s Law.
The defences available to the charge include:
If raised, the prosecution is required to persuade and disprove the defence to the Court beyond a reasonable doubt.
The simple answer is yes. However, various factors will play a role in determining the suspension period. The automatic minimum suspension cannot be lowered. If you are being sentenced for this offence, you must obtain advice from a criminal defence lawyer.
You should prepare character references, write an apology letter, complete the traffic offenders program, and obtain a psychological report if necessary.