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VIC 10 years jail for killing rider

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by mainstage, Oct 22, 2013.

  1. You may remember this accident from last year on Wellington rd mulgrave ..

    Drink driver jailed for ten years
    Posted by: Phil Johnson | 22 October, 2013 - 5:14 PM

    An unlicenced, drunk driver on a suspended sentence has been jailed for driving in excess of 200 kmh before he killed a motorbike rider.

    The County Court heard 22-year-old Mulgrave man Jason Jon Welsh was on a suspended sentence when he zig-zagged along Wellington Road last December at up to 208 kmh, just missing a cyclist then hitting a motorbike rider.

    The court heard the rider, a 54-year-old SES volunteer was thrown 91.5 metres and died.

    Welsh and his passenger were also injured when he crashed soon after.

    The court heard he later recorded a blood alcohol level of point-one-five and had never held a licence.

    The court heard that while on bail for that, Welsh and others held up a liquor store at knife point, where Welsh smashed a bottle over the attendant's head.

    Welsh, who pleaded guilty to eight charges has been jailed for 10 years, nine months, with a seven-and-a-half year minimum.
  2. So let me get this right, he killed someone, assaulted another, committed armed robbery, no license, drink driving, reckless driving, 2.5 times the speed limit and the dick only got 10 years?

    Don't we get more than that for being 20km/h over the limit these days in Victoria?

    The double standards in this country are beyond idiotic, he should be put away for life, end of story.
    • Agree Agree x 3
  3. ONLY ten years??!!
    • Agree Agree x 1
  4. One can only hope Karma catches up with him in prison before his release.
  5. Karma being 6 foot 6 hung like a donkey and wants to play mummies and daddies
  6. Maybe he would have got more time under the hoon laws.
  7. Wow. In QLD right now you can get 15yrs for just being associated with a proscribed club member.

    For once I agree with AOKMan.
    • Like Like x 1
  8. also keep in mind his suspended sentence would have been accounted for, so the punishment for all of the above is actually less than the numbers indicate. Don't know by how much.

    And am I reading it right? was he on bail after having killed someone whilst drink driving. And he posted bail, whilst having a suspended sentence?

    Then he held up a grog shop, where he smashed a bottle over someone head. This isn't Hollywood. Smashing a bottle over someones head can kill them.
  9. Did he get concurrent sentences?

    If he is a good lad inside he will do the 7.5 on the bottom rather than the Head Sentence
  10. Maybe this is proof that harsh sentences don't stop crime. I'm sure that this guy wasn't even thinking about the price he was going to have to pay for committing these crimes at the time he killed that rider.

    It makes a mockery of the Bikie Laws in Qld, who fervently believe that increasing the penalties will in fact stop crime.

    From the evidence here, it looks like this guy's life was already out of control and that something bad was going to happen in the long run.

    I recall this case, and at the time the reporting was pretty thin. Where is the Media now? Someone should be up in arms about an incident like this, not just for the paltry 10 year sentence, but for all the other contributory factors which played a part in this riders death......
  11. #11 Anubis, Nov 17, 2013
    Last edited: Nov 17, 2013
    Nobody ever feels the sentence is enough if the victim is dear to them or the subject matter close to their hearts...and in truth if some one you love has been maimed or killed then it will never be enough

    What would you consider appropriate? It wasn't murder, the driver didn't intend to do the action that took a life... How do you think the system should differentiate between a regrettable but unintentional taking of life and deliberate homicide. Should the penalty be the same?

    When aggrieved people cry out for "justice" what they really want is revenge, preferably old school eye for an eye stuff. Except in our politically correct society we don't generally like to articulate that desire.

    10 years is a long time for the person so sentenced.
    I would be interested to see if he was in face sentenced to a custodial term on a least three of those offences including the original matter for which he was suspended.

    Courts are very reluctant to run sentences consecutively.

    It really comes down to the victims not being the victim at law, the State is the victim...sounds weird I know.

    There are a bunch of reasons for sentencing including general and specific deterrence, punishment and being seen to be punished.

    It is a cumbersome best fit system that on balance gets it right

    I think you are right when you say people don't generally think of the consequences.

    In death penalty States research shows that people are more likely to murder if they are facing the death penalty.
  12. Possibly so, but, if they are caught, found guilty and hanged, or otherwise killed, they sure as hell ain't going to repeat the offense.
  13. actually i kind of think this one's about right in the scale of things... he didn't "intentionally" kill someone... and it seems to be a little less than many get for murder.

    that doesn't mean people get enough for murder.

    problem is, when you look at which crimes gave him what part of the sentence, proportionately, he probably got 2.5 years for drink driving and 7.5 years for speeding... killing someone and assaulting people probably would have seen him walk out with a fine and a slap on the wrist....
  14. #14 Anubis, Nov 17, 2013
    Last edited: Nov 17, 2013
    There is that CC but it costs the State far more to commit state sanctioned murder than is does to gaol somebody for life. There are compulsory appeals and it can take many, many years to get around to killing the offender.

    Personally I am not a fan of the death penalty.

    I don't think further murder is justifiable
    I think it is more likely to lead other (unrelated) offenders to take extreme action to avoid detection
    I think the system gets it wrong enough to make it untenable. One can appeal sentence but not once dead

  15. Might stop them from re-offending. But it sure doesn't stop them from offending the first time...... The question is - How do we stop them from committing the First Offence? Is making the price they will have to pay for committing that offence higher going to make any difference? I argue that the answer is a resounding - NO.
  16. In NSW
    Neg drive occasioning death 10yrs
    Armed robbery 14yrs
    Assault occasioning 2 yrs

    They are maximums so this guy sounds about on the mark
  17. I agree that it isn't simple, and I wouldn't argue on the economics of the death penalty, although I do rather subscribe to the old style French business that, sentencing someone to death, the "punishment" is the time between the sentencing and the death, and, if the execution was delayed beyond a certain time, then the sentence was changed to jail time.

    I wouldn't call myself a "fan", but, in certain situations, I believe it should be an option for the judge, simply on the basis that the offender will not repeat the offense.

    We remember the executed folk who later turned out to be innocent, but, as a proportion of the executed, they weren't all that common.
  18. is that assault occasioning death???? 2 years?
  19. Sorry mate. I tend to abbreviate...Bad me
    Assault Occasioning Actual Bodily Harm ... usually dealt with in local court which is why the lower penalty I think you southerners call the Magistrates Court

    The cause death and armed robbery are indictable matters

    Local Court has a jurisdictional limitation of 2 yrs gaol terms so it is not uncommon to see multiple sentences running concurrently.

    The 9 months sounds like the balance of his suspended sentence.
    I wonder if the armed robbery and the driving matter ran consecutively...they really should being separate events

    There will be myriad nasties in there too like breach bail.

    I am not familiar with Vic criminal legislation but I am sure Justus can shed light

  20. So your solution would be? Something left-wing and soft? "Oh, poor diddums had such an unfortunate up-bringing" or some such drivel?

    I don't care if people say my attitude towards soft-sentencing is out of desire for revenge. Why do we incarcerate people, if it isn't for the overall good of society and to remove the risk of that offender from our midst?

    Unfortunately, after being to too many fatalities over the years where some moron was drunk/speeding/driving like a twat, and an innocent person died simply going about their business, I have little sympathy for those who do the wrong thing and harm others, then have people bleating on about how the punishment is too harsh for the crime, and is just a grab for revenge.

    The fact of the matter is this - someone died, and someone else caused their death. The person that caused their death has no repercussions for their actions, other than what we as a society apply. Yet the family and friends of the deceased have to deal with the loss and fallout from that every single living day for the rest of their time on this earth.