The New Laws on Mental Health in the Criminal Justice System: The Diversionary Pathway

  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 Mental Health (Forensic Provisions) Act 1990 (NSW) (‘The Act’). It is a response to the increasing contact with the criminal ...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

COVID-19 – Key Changes Made by District Courts Affecting all Criminal and Traffic Cases in NSW

  From 30 March 2020, the District Court have implemented a number of changes to the way in which criminal cases are heard during the COVID-19 pandemic. It is important to remain up to date as arrangements are likely to continue to change. If you have a criminal matter in the District Court currently, please ...continue reading

How COVID-19 is Affecting NSW Local Court Cases in Australia

  Taking affect Monday, 30 March 2020, a number of key changes have been made to the way in which NSW Local Court matters are to be dealt with during the COVID-19 pandemic. On 24 March 2020, the New South Wales Chief Magistrate, Judge Graham Henson AM, released a Memorandum regarding some of the key ...continue reading

Cyclist Dies After Being Struck by Car: What’s the Minimum Passing Distance Rule in NSW?

By Sahar Adatia and Jimmy Singh.   Each year in NSW, on average, nine bicycle riders are killed and more that 1900 end up seriously injured, according to statistics from the NSW Government. In fact, bicycle riders represent approximately 2.5 percent of total road deaths and about 16 percent of serious injuries. It is for ...continue reading

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