Man jailed over fatal road smash

Man jailed over fatal road smash
Thursday Feb 9 19:46 AEDT
A 23-year-old drink driver who killed a father of three in a road smash
has been sentenced to 16 months' jail.

Dayne Jevon Baker, 23, of Camp Hill in Brisbane's south-east, pleaded
guilty in the Brisbane District Court to dangerous operation of a
vehicle causing death while adversely affected by alcohol.

On July 26, 2004, electrical engineer Brian Sharp, 50, was waiting to
turn right on his motorcycle at a Creek Road intersection in suburban
Carina when Baker's Nissan utility ploughed into the back of him,
killing him instantly.

Prosecution lawyer Vicki Loury told the court Baker registered a blood
alcohol reading of 0.118 - almost six times the 0.02 limit of his
provisional licence.

"Witnesses said he didn't appear to slow down or brake before impact,"
Ms Loury said.

"The deceased must have been visible on the road for some time before
he hit him."

She also said Baker had a previous conviction for drink driving that he
received only six weeks after he got his licence when he was 17.

Defence lawyer Colin Read told the court his client had shown remorse
for his actions both at the scene of the tragedy and through his guilty
plea.

He also said Baker had "done his best to improve his life" by becoming
a painter and subcontractor.

Judge Michael Shanahan sentenced Baker to four years' jail suspended
after 16 months and disqualified him from driving for two years.

"This has obviously had a devastating impact on (Mr Sharp's) family,"
he said.

Outside the court, Mr Sharp's wife Donna said her husband was a "free
spirit" who was well-respected internationally for his research while
working as an electrical engineer with Powerlink.

She said she wanted to see judges order young and repeat drink driving
offenders to undertake community services as well as receive a jail
sentence.

"They (should be) encouraged to go around to high schools and speak to
kids and tell them of (their) experiences and say, 'Look what an idiot
I was please don't do what I did'," Mrs Sharp said.


©AAP 2006

 

A 23-year-old drink driver who killed a father of three in a road smash

Fuckin shoot him.

ALways looks good to say that in court.

He has to pay bills - how suprising.

Why suspended?

yea the blokes life is worth 16 mths jail..

That would offend the little buttercups, cant have that

 

Would be tough to be in jail _and_ not have a licence.

Theo

 

One of my work peers commisioned a job over in the US. In the county
he was working if you killed somebody whilst DUI, it was mandatory life
in prison. Surprise surprise nobody dared drive after having a drink
in the county.

 

You're wasting your breath paulh. Tabloid newspapers/telly, the people
who write them, and the people who believe what they read in them
do not, and will never have, the intellect to even begin to understand
the intricacies of sentencing.


GB

 

Seems his story wasn't too far from the truth. Sentences in parts of
the good old USA for killing somebody whilst DUI.

Extract from
http://www.azduiatty.com/the-death-penalty-for-dui.htm
"Well, on April 8, 1997, a jury in Winston-Salem, North Carolina, came
back with a first degree murder conviction in a DUI case involving a
traffic accident with two deaths. They recommended a sentence of life
without the possibility of parole.

The prosecutor had asked for the death penalty."

 

Well, given his accuracy, I guess he is about as credible a source as
most media outlets

 

Listen very carefully, I'll explain this only once.
Go ahead nighthawk...

Person charged isnt worth 1 hour let alone 16 days or more

But they should, is my whole point.

 

In an ideal world that would be so... I'm far from convinced our justice
system is as evenly effective as it relies on value judgements of
'worth'. Although I admit many people within it attempt to keep it at
least honest (if not perfect).


G-S

 

It's a legal system. Any appearance of justice is purely coincidental.

regards,
CrazyCam

 

I think you are talking about Singapore not Australia ;-)

Although the increasing restrictions on sentencing and requirements for
various minimum, maximum and mandatory sentences do have a effect which
is edging ever closer to that you mention :-/


G-S

 

Not to mention police that'll dob you in to Indonesia and get you a life
or death sentence. And the Prime Minister backs them up.

 

What number of those were not self-administered?

1650 people died in motor vehicles last year, but how many car dealers have
we hung?

Theo

 

I think the point Tim was trying to make was the more people caught
and punished, the less chance of it (opiates) hitting our shores. One
will never stamp it out completely.

Johno <but i could be wrong!>

 

So like the Prime Minister you're actually in favour of the death penalty.

 

The problem is that Tim's argument is a 'the end justifies the means'
type of arguement.

There are many things that are problems in our society, and there are
many ways we could reduce (or even stop) those problems but as an
enlightened society we choose civilised methods of dealing with those
problems.

If we start choosing uncivilised methods then we reduce the quality of
our society... and that cost will have flow on effects.

Those effects may well be worse than the original problems :-/

Nah... as far as I know only Clem and I have ever been wrong on usenet


G-S

 

G-S wrote:

No. We get the solutions that suit our illustrious leader.

Our wee squeak _has_ chosen some fairly uncivilised methods, and, yes, I
agree, has reduced the quality of our society by doing so. :-(

But, then again, given the numbers of folk that list to talk-back radio
and believe half the stuff they read in the papers, I have by doubts
about how enlightened our society might be.

regards,
CrazyCam

 

No Geoff, the australian system is a legal system, not a system of justice.

I have no direct knowledge of the Singaporean system, so couldn't comment,
although I'd be surprised if it were any better than ours.

That, and the "instant law, just add water", business where governments
in Oz seem to react radio broadcasters and/or whim to create a new law
at the drop of an opinion poll.

regards,
CrazyCam

 

We can't expect Indonesian police to help Australian police when it
suits us and then not reciprocate.

It's not the fault of the police that they were doing their job. It was
Scott Rush's father who called the police. If you want to blame
someone, blame him. and then when the government pass more laws to
remove more of our freedoms, blame him too.

Nev..
'04 CBR1100XX

 

So, you're anti-death-penalty, but
pro-death-by-drug-self-administration.

Nev..
'04 CBR1100XX