Author: admin

  • NEGLIGENT DRIVING

    Negligent or dangerous driving means driving without the due care and attention reasonably expected of a driver. The threshold of proving this offence is fairly low. A driver may be found to be negligent if they did not drive in the manner that a reasonable prudent driver would have driven given all the circumstances. The…

  • DANGEROUS, FURIOUS AND RECKLESS DRIVING OFFENCES

    Dangerous Driving Occasioning Death Dangerous driving occasioning death is an offence under section 52A(1) of the Crimes Act 1900. Section 52A(1) provides, a person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver…

  • MENACING & PREDATORY DRIVING OFFENCES

    Menacing driving with intent Section 118(1) of the Road Transport Act 2013 provides that a person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing that other person. For a first offence the maximum penalty is imprisonment of 18 months, a fine of…

  • FAILING TO STOP & ASSIST

    Section 146(1) of the Road Transport Act 2013 provides that a person is guilty of an offence if: a vehicle or horse being driven or ridden by the person on a road is involved in an impact occasioning the death of, or injury to, another person; and the person knows, or ought reasonably to know,…

  • POLICE PURSUIT

    The offence of police pursuit is listed under section 51B of the Crimes Act 1900. The offence is also known as Skye’s Law as it was introduced after the toddler Skye Sassine was killed when a driver attempting to escape police crashed into her parents’ car. Section 51B of this Act states that the driver…

  • DEFENCES FOR ASSAULT OFFENCES

    Lawful Excuse This defence is available in circumstances where a person comes into physical contact with another person (sometimes causing pain), but there has been agreement to the physical contact, such as when a doctor or dentist is treating a patient or when a person is playing sport. If however the accused was playing sport…

  • ASSAULT CAUSING DEATH

    Assault causing death is an offence under section 25A of the Crimes Act 1900. Elements of the offence To establish this offence the prosecution must prove beyond reasonable doubt that: ‘Causing death’ includes the death occurring as a result of hitting the ground or another object. The prosecution does not need to prove the death…

  • ASSAULTS RELATING TO GRIEVOUS BODILY HARM & WOUNDING

    There are three main offences involving the infliction of grievous bodily harm, all of which can be considered a form of assault: In NSW offences relating to grievous bodily harm are set out in sections 33 and 54 of the Crimes Act 1900. ‘Grievous bodily harm’ means a really serious injury that, if left untreated,…

  • ASSAULT OCCASIONING ACTUAL BODILY HARM

    This offence is dealt with under section 59 of the Crimes Act 1900. Elements of the offence To establish this offence the prosecution must prove each of the following matters beyond a reasonable doubt: ‘Actual bodily harm’ is any hurt or injury that is more than merely transient or trifling. It can include: Defences The…

  • COMMON ASSAULT

    A common assault is an offence charged under section 61 of the Crimes Act 1900 (NSW). Elements of the offence Section 61 of the Crimes Act 1900 provides: “Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for 2 years.” A common assault is an act and not a…