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GWM Lawyers and ConveyancersWelcome to the August edition of this Law Update Newsletter, informing friends and clients of GWM Lawyers and Conveyancers of changes in the law that might impact on their personal or business lives. In this newsletter: Godfrey v. State of New South WalesA woman who, whilst 5 months pregnant, was held up at gun point at her place of work by an escaped prisoner has, successfully, sued the New South Wales Department of Corrective Services ("the Department"). The NSW Court of Appeal has found that the Department was liable for the injury, loss and damage that Ms Godfrey suffered as a result of an armed hold up at her place of work. As a consequence of the hold up Ms Godfrey became extremely distressed and immediately following the incident, that is the robbery, felt the onset of abdominal cramps and pains. The cramps and pains continued and in two weeks Ms Godfrey gave birth to a premature baby boy. It was found by the court that the premature birth came about as a direct result of the stresses and anxieties associated with the robbery. Unfortunately the child was born with a variety of significant defects. Those defects were attributed by relevant medical experts to the premature nature of the birth of the child and as a consequence the incident of the assault. The court found the Department was negligent and was responsible for the significant birth defects of the child, and the consequential problems experienced by the mother. The court found that the Department had failed to secure the prisoner in custody, notwithstanding the fact that the prisoner was known to be both violent and predisposed to escape. The court found that on escape, it was likely that the Defendant would engage in violent and criminal behaviour, and as a consequence expose the public to a real risk of physical danger. Mr Justice Shaw found that the Department should have taken additional care in ensuring that the prospects of escape were minimised. The court also found that the Department failed to recognise the dangers posed by the prisoner, and take appropriate steps in regard to ensuring the prisoner remained in custody. For a discussion on the circumstances of this case we invite enquiries to Bob Gillroy at GWM Lawyers and Conveyancers. Bob can be contacted by email. Disclaimer
The contents of this email newsletter are designed to provide basic information on changes in the law only. The information provided is an overview of the changes mentioned and, as such, is intended as an alert rather than as advice to take any specific action. Nothing contained in this email, therefore, should be taken as legal advice and no specific action is advised in relation to any particular circumstance. Detailed questions are welcome either by email (info@gwmlaw.com.au), by letter (PO Box 753 Port Macquarie 2444) or personal appointment (phone 6583 5266). For further information regarding any of the changes to the law mentioned in this email contact GWM Lawyers and Conveyancers at info@gwmlaw.com.au by email, write to us at PO Box 753 Port Macquarie 2444 or phone for a personal appointment on 0011 61(0) 2 6583 5266. You may also go to our website www.gwmlaw.com.au, click on "Areas of Law" and follow the email links to one of our expert staff.  To Top of Page Home | About GWM | Key Legal Staff | Australian Law | Testimonials | Contact Legal Articles | Press Releases | Newsletters | GWM Commercial | Links Privacy Statement | Website Feedback | Sitemap ©2001-2005 GWM Lawyers and Conveyancers, Port Macquarie New South Wales Australia Australian Legal Business website |
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