dangerous and culpable driving

Discussion in 'Australian Motorcycles' started by Big Bird, Mar 10, 2008.

  1. Big Bird

    Nev.. Guest

    rationalisation of the relevant laws? The laws were expanded only 2
    years ago to include the charge of which he was convicted. Previous to
    that he probably would have received a much more lenient sentence.
    Why doesn't it make sense? If you ask me it makes a lot more sense to
    have different laws for different offences than one law to cover a wide
    range of offences and penalties... which in the case of your example
    could range from a $200 fine to 20 years in gaol.

    Nev..
    '07 XB12X
     
    Nev.., Mar 12, 2008
    #81
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  2. Or create jobs for the boys to write them up
     
    George W Frost, Mar 12, 2008
    #82
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  3. Big Bird

    Peter Wyzl Guest

    Course the 'reported fact' are exactly the same as what the jury heard....
    If you had listened to the Judge giving instructions to the Jury after
    having listened to the entire case, then you might be in a position to offer
    an informed opinion rather than a 'media' opinion.

    P
     
    Peter Wyzl, Mar 12, 2008
    #83
  4. Big Bird

    Peter Wyzl Guest

    The test is more like 'if the average person of that age, gender, socio
    econmic group etc' would have reasonably been expected to know it was wrong
    or dangerous with a genuine likelihood of causing death or injury to
    someone, then you can assume the defendant knew it was wrong and therefore
    is blameworthy. If not (read the case in another sub thread where many
    jurors thought "shit that could be me... not guilty") then the defendant is
    not blameworthy.

    If the defendant is not blameworthy according to that definition, he must be
    found not guilty. That would seem, on the 'media' face of it to be what
    happened. The number of people injured by the vehicle, whilst emotionally
    dramtic, and sensational news, is of little actual relevance to the charge.

    P
     
    Peter Wyzl, Mar 12, 2008
    #84
  5. Big Bird

    Moike Guest

    I am so too real!!!!
    Moike

    (nice one Theo)
     
    Moike, Mar 12, 2008
    #85
  6. As Zebee pointed out: The Crimes Act in NSW has one regulation
    (Dangerous Driving). It contains 4 offences, with penalties ranging from
    7 years to 14 years. But they left in the separate regulation of
    Injuries By Furious Driving Etc, where if you injure someone you only
    get two years (although this may be restricted to horse riders).

    Then, to confuse matters further, the Road Transport (Safety And Traffic
    Management) Act contains another one: Negligent, Furious or Reckless
    Driving, with penalties ranging from a something-hundred dollar fine to
    18 months in jail if you kill somebody while driving negligently.

    And you want to argue this sort of thing makes sense?
     
    Andrew McKenna, Mar 12, 2008
    #86
  7. If you were there and heard all this, then please inform so that things can be
    understood
    Otherwise, don't try to chastise people who only have what information the media and
    the police tendered for release
     
    George W Frost, Mar 12, 2008
    #87
  8. Sorry Paul, but your whole sentence makes no sense
     
    George W Frost, Mar 12, 2008
    #88

  9. Yes, there is even a sign which says this section of the highway is maintained by the
    local lions club
     
    George W Frost, Mar 12, 2008
    #89
  10. Big Bird

    bill_h Guest

    Common assault/AOBH in one instance, manslaughter/murder in the
    second. Simple. (or then again, maybe not).
    Bill
     
    bill_h, Mar 12, 2008
    #90
  11. Big Bird

    Diogenes Guest

    Never said it was...
    Oh good.
    So, was his driving blameworthy? Yes or no? That's all I'm debating
    here.
    And for how long? And what non-parole period? But being a
    card-carrying hoon yourself, paul, you'd probably feel sorry for him
    and dismiss it all as an unfortunate "accident" for which he ought to
    bear no responsibility at all, eh?


    Onya bike...

    Gerry
     
    Diogenes, Mar 12, 2008
    #91
  12. Big Bird

    Diogenes Guest

    So, tell me, Peter, in your own words, was his driving blameworthy of
    causing deaths, or wasn't it? And if it was, why not charge him with
    culpable driving?


    Onya bike...

    Gerry
     
    Diogenes, Mar 12, 2008
    #92
  13. Big Bird

    Diogenes Guest

    Well, if he was'nt responsible, who was? All this crap about
    "degrees" of responsiblity... He WAS responsible. Period.

    Was he driving recklessly/dangerously/hoonishly?

    Was anyone other than him responsible for his driving?

    He was effing RESPONSIBLE !!! End of...

    Why do so many here condone the legal hair-splitting designed to get a
    hoon a lesser sentence, eh? Oh that's right, in the Church Of
    Motorcycling, hooning is not seen as a sin, but as a revered virtue.
    All hail The Hoon!!!

    Tossers...

    Onya bike...

    Gerry
     
    Diogenes, Mar 12, 2008
    #93
  14. Big Bird

    G-S Guest

    His driving was 'somewhat blameworthy' of causing deaths.

    They did charge him with culpable driving.


    G-S
     
    G-S, Mar 12, 2008
    #94
  15. Big Bird

    G-S Guest

    Somewhat... that's the answer to your question.


    G-S
     
    G-S, Mar 12, 2008
    #95
  16. Big Bird

    G-S Guest

    Not me.

    I'm just being a pedant. I like to see t's crossed and i's dotted and
    the exact charge relating to a particular offense being used.

    Hence my point about Victoria not actually having that exact charge on
    it's books.


    G-S
     
    G-S, Mar 12, 2008
    #96
  17. Big Bird

    Diogenes Guest

    And I'm somewhat pregnant...
    Then the charge ought to have stuck. The DPP ought to appeal the daft
    jury's verdict.


    Onya bike...

    Gerry
     
    Diogenes, Mar 12, 2008
    #97
  18. Big Bird

    Diogenes Guest

    Your worship, my client is only SOMEWHAT pregnant...

    Onya bike...

    Gerry
     
    Diogenes, Mar 12, 2008
    #98
  19. Big Bird

    Diogenes Guest

    The correct charge exists. There ought to be a firing squad waiting
    for juries who get it wrong. This will all change when I become
    Dictator Of Australia, you make my words, you can write that down,
    you, you, you... By golly yes...


    Onya bike...

    Gerry
     
    Diogenes, Mar 12, 2008
    #99
  20. Big Bird

    Diogenes Guest

    You would...
    No, disgusted...
    Any enjoyment you derive from irresponsibly endangering other road
    uses on public roads marks you as a bleeding eejit.
    I enjoy riding my bike. I can enjoy riding responsibly. And given
    that I only require a 2500cc chookie to enjoy riding, I don't see how
    it's draining my wallet anywhere near at the rate hoons' wallets are
    being drained, dorkfeatures...
    Yeah, buckets and buckets of purple piss...


    Onya bike...

    Gerry
     
    Diogenes, Mar 12, 2008
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