CRIMINAL LAW - Navigation offences - negligent navigation of vessel on navigable waters under (NSW) Marine Safety Act 1998, s 13(1)(a) - whether mere incurring of risk with potentially grave consequences satisfies negligence - mere presence or foreseeability of risk insufficient for negligence - negligence requires unreasonable incurring of risk - assessment of reasonableness conditioned by likelihood of materialisation of risk - mere existence of risk insufficient to constitute negligence.
Case Details
Citation[2012] NSWSC 5
CourtNSWSC
JurisdictionNew South Wales
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