Question posted in the Criminal Law category relating to Gauteng
Question value: R 400.00
Good day
My question relates to the Road Traffic Act and Hit and Run crimes specifically. Essentially I want to know if a situation is unsafe and an individual cannot stop immediately, but hits a car, and then reports it at a police station a short while after...
A) does that constitute a hit and run considering the situation was unsafe?
B) does the unsafe circumstances justify the driving away?
C) does reporting it fully soon after remove the hit and run element?
For clarity purposes an exact hypothetical example is this: an individual is at a robot, a group of armed men approach the car and attempt to hijack the car while aiming their guns at the driver. The driver pulls away to safety but in the process clips the side of the car in front of them. Obviously it is entirely unsafe to stop at the scene considering there are armed men nearby, but once at safety the other car is long gone and the original driver was unable to get a hold of the other drivers details or registration plate. The driver then reports it at the relevant police station within a few hours.
Would this driver need to be concerned over possible arrest and prosecution relating to hit and run? Especially if the other driver files a complaint and has noted the original drivers registration. Would the SAPS be able to see that the original driver has already lodged an AR?
Essentially is the driver who evaded the danger now at risk of arrest and prosecution or other consequences considering he did not stop immediately at the scene?