NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Elskaf v R [2022] NSWDC 525 Hearing dates: 07 September 2022 Date of orders: 02 November 2022 Decision date: 02 November 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. Appeal dismissed. Catchwords: EVIDENCE – identification evidence – warnings – inferences – circumstantial evidence – whether evidence sufficiently identified driver vehicle and date of the offence TRAFFIC LAW AND TRANSPORT – traffic law – offences – dangerous driving – driving at excessive speed Legislation Cited: Crimes (Appeal and Review) Act 2001 Evidence Act 1995 Road Transport Act 2013 Cases Cited: Gianoutsas v Glykis [2006] NSWCCA 137 Lumney v Director of Public Prosecutions [2021] NSWCA 186 McNab v Director of Public Prosecutions [2021] NSWCA 298 R v Hillier (2007) 228 CLR 619 The Queen v Baden-Clay (2016) 258 CLR 308 Weissensteiner v The Queen (1993) 178 CLR 217 Category: Principal judgment Parties: Ali Elskaf (Appellant) Regina (Crown) Representation: Counsel: D Shridhar (Appellant)
Solicitors: Abbas & Co (Appellant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2020/87365 2020/119813 Publication restriction: None Decision under appeal Court or tribunal: Liverpool Jurisdiction: Local Court Date of Decision: 4 April 2022 Before: Magistrate Mijovich
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