Reference no: EM133230489
Brian Bose (BB) was involved in a serious car accident on Coronation Drive in Brisbane. His car collided with a pedestrian, Sandra Schmerz (SS), who was crossing the road near the Regatta Hotel. While Sandra did not suffer any serious physical injuries, she has developed Post Traumatic Stress Disorder as a result of the accident. She wishes to bring a personal action in negligence against Brian, seeking $550,000 in damages.
When the police arrived at the scene of the accident, they located a still warm 'ice pipe' on the passenger seat of Brian's car and tests subsequently established that Brian had been driving while under the influence of the drug colloquially called 'ice'. They have charged Brian with 'Dangerous operation of a vehicle' under s 328A(2)(a) of the Criminal Code 1899 (Qld).
Advise SS as to the court in which she should commence her personal action.
Assume SS is successful in her action against BB but is awarded only $160,000. Outline all avenues of appeal available to her.
Advise BB which Queensland court/s could hear the charge against him.
Assume BB is convicted and is sentenced to 3 years in prison. Outline all avenues of appeal available to BB if he wishes to appeal against his sentence.
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