Sep 17, 2026

9 min

El Seidi v R [2026] NSWCCA 143

El Seidi v R [2026] NSWCCA 143 concerns a conviction appeal from a judge-alone trial for dangerous driving occasioning death and grievous bodily harm. The applicant argued that an epileptic seizure may have made his driving involuntary, that the trial judge reversed the onus of proof and denied procedural fairness, and that the verdicts were unreasonable. The Court held that the judge could assess omissions from the applicant’s voluntary accounts, including the absence of any reported pre-seizure buzzing sensation. Considering the expert, eyewitness and physical evidence cumulatively, the Court found the seizure hypothesis was not reasonably possible. Time was extended, leave granted, and the appeal dismissed.

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