What is Skye's Law?
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.
The Law - Sky's Law
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.
What elements the crown must prove
To be found guilty of a police pursuit in NSW, it must be proven beyond reasonable doubt that:
- You were being pursued by police;
- You were aware or suspected a police officer was in pursuit of your vehicle and required you to stop;
- You failed to stop the vehicle; and
- You were driving recklessly or at a speed or manner dangerous to others.
All the above elements must be proved beyond a reasonable doubt before you can be found guilty of Skye’s Law.
Available Defences
The defences available to the charge include:
- Honest and reasonable mistake of fact,
- Duress, and
- Necessity.
If raised, the prosecution is required to persuade and disprove the defence to the Court beyond a reasonable doubt.
If pleading guilty, can you lower the suspension period?
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.
