R v CHAN [2011] NSWDC 227

R v CHAN [2011] NSWDC 227

Road Rule 287(3) imposed an additional obligation to provide required particulars to police if the driver did not provide them to the persons mentioned in Road Rule 287(2); it did not provide an alternative to compliance with Road Rule 287(2). Because Mr Chan did not provide his particulars to the bus driver, the appeal failed and the conviction was confirmed.

Jurisdiction
Australia
Judgment Date
18 October 2011
Procedural Posture
Criminal Appeal Against Conviction for Breach of Road Rule 287 / District Court Appeal From Conviction in the Court Below
Outcome
Appeal dismissed - conviction confirmed
Legal Topics
['breach of Road Rule 287' 'driver Particulars After Crash' 'interpretation of the Word "also"']
['criminal Law' 'road Traffic Law' 'statutory Interpretation'] ['breach of Road Rule 287' 'driver Particulars After Crash' 'interpretation of the Word "also"']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction for Breach of Road Rule 287 / District Court Appeal From Conviction in the Court Below

Legal Issues

  1. 1 ['Whether Road Rule 287(3) gives a driver involved in a crash an alternative option to provide required particulars to police instead of providing them to the other person mentioned in Road Rule 287(2).' 'Whether the appellant breached Road Rule 287 by failing to give his particulars to the bus driver at the scene of the crash.']

Ratio Decidendi

Road Rule 287(3) imposed an additional obligation to provide required particulars to police if the driver did not provide them to the persons mentioned in Road Rule 287(2); it did not provide an alternative to compliance with Road Rule 287(2). Because Mr Chan did not provide his particulars to the bus driver, the appeal failed and the conviction was confirmed.

Court Disposition

Appeal dismissed - conviction confirmed

Orders

  • ['The appeal against conviction is dismissed.' 'The conviction is confirmed.']