Negligent Driving Occasioning Death Offences & Defences in NSW

Sahar Adatia and Jimmy Singh.   A five-year-old girl has died while her mother is in a critical condition in hospital after being struck by a vehicle while walking in Sydney’s west. According to reports from NSW Police, around 7:20pm on Wednesday 17 March 2021, the young girl and her mother were walking on a ...continue reading

Law on Drivers’ Duty to Report Injuries Caused to Animals in NSW

Sahar Adatia and Jimmy Singh.   On Monday 8 March 2021, an 18-month-old dog was struck and dragged by a school bus in New Hampshire in the United States, all while the driver of the vehicle failed to stop or return to see what he had hit. Saphfyre the puppy was once “very full of ...continue reading

Pedestrian Dies in Hospital After Being Hit by Car with Uninsured Driver Behind the Wheel in Parramatta

Sahar Adatia and Jimmy Singh.   It’s an alarming statistic: Each year, more than 1,500 pedestrians are hit on NSW roads. More worryingly, research from the NSW Centre for Road Safety shows that from 2007 to 2011, one in seven people who died on the road happened to be a pedestrian, while male pedestrians and ...continue reading

Section 32 Mental Health Applications now Replaced by Section 14 to Get Criminal Charges Dismissed in Court

There is an available legislative framework for a NSW court to determine criminal proceedings where the accused or defendant has mental health issues relevant to the case. This legislative framework is echoed in the old Act called The Mental Health (Forensic Provisions) Act 1990 (NSW) (‘The Act’). It is a response to the increasing contact with ...continue reading

Law on a Motorist Failing to Stop and Assist After an Accident in NSW

By Sahar Adatia and Jimmy Singh.   A learner motorcyclist in his teens believes he is lucky to be alive after he was just about left for dead on the side of an Adelaide highway after another driver forced a collision with him and failed to assist with his injuries. On the morning of 5 ...continue reading

Law on Giving Way at a Pedestrian Crossing in NSW

By Sahar Adatia and Jimmy Singh.   A crash in Sydney’s south western suburb of Doonside has resulted in a man dying after he was struck by a vehicle last week. It is reported that at about 5.45pm on 16 June 2020, a 72-year-old male pedestrian was crossing Bungaribee Road in Doonside, when he was ...continue reading

A Guide on the Law on Using a Mobile Phone While Driving in NSW

By Sahar Adatia and Jimmy Singh.   The message about the dangers of using your mobile phone while driving may not be getting through to motorists, or so it seems. Indeed, across Australia, authorities continue to collect up to tens of millions of dollars in fines each year from drivers caught scrolling through their smartphones ...continue reading

The Minimum Passing Distance Rule in NSW

By Sahar Adatia and Jimmy Singh.   According to Transport for NSW, each year on average, nine bicycle riders are killed and more than 1900 end up seriously injured across NSW. Of the total road deaths in the state, cyclists represent approximately 2.5 percent and about 16 percent of serious injuries. For this reason, the ...continue reading

The Penalties for Hoon Driving in NSW

By Sahar Adatia and Jimmy Singh.   On 11 April 2020, New South Wales police made the appalling discovery of 40 cars within a closed area west of Newcastle that had gathered for the purpose of burnouts and street racing, much to the defiance also of COVID-19 restrictions on social gatherings. At around 4pm on ...continue reading

How Does COVID-19 Affect Bail Applications in NSW?

By Fouad Awada and Jimmy Singh.   On 30 March 2020, the Supreme Court of New South Wales handed down a decision granting conditional bail to Mr Abdul Rakielbakhour who was accused and charged with serious domestic violence charges. Mr Rakielbakhour was arrested and charged with common assault and assault occasioning actual bodily harm, alleged ...continue reading

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