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NSW 240km/h rider sentenced

Discussion in 'Politics, Laws, Government & Insurance' started by waedwe, May 29, 2009.

  1. http://www.news.com.au/dailytelegraph/story/0,22049,25554166-5006009,00.html

    With all the debate earlier in the year with the 170km/h in a 50 zone sentence, what do people think of this sentence?
    the rider was doing 240km/h tried to evade police and very nearly did, was 1st sentenced to 6 months periodic detention, now reduced to 100 hours community service and a 3 year suspension.
    I would if i was him have considered myself lucky with just getting the 6 months periodic detention in relation to the sentence handed down against the 170km/h in a 50 zone rider who stopped immediately, but also cant begrudge a person attempting and winning a reduction, but really i am on the fence and getting splinters about this anyone else have thoughts on it?

  2. sadly what it means is that someone else with a similar record doing a similar thing is going to get a similar light sentence because of the precedent

    in the mean time, people in Victoria get pinged for 2 kays over a couple of times and lose their license, and possibly their jobs, etc

    where's the justice in all of that?
  3. If they voted for Bracks/Brumby, 100% justice served and delivered.
  4. He did it on a very straight bit of multilane road at a time with no traffic around, you can't ask for safer conditions than that.

    On that basis I think gaol would be crazy. Fair enough for retards doing crazy speeds in the wrong place at the wrong time eg. suburban areas, that can easily put people in danger. That said, I wouldn't speed there as police are often there and easy to detect, etc. etc.

    But in no traffic and on the right road at right time? Not hurting anyone IMO, and should be sentenced as such. Still, I'd be thankful that it was reduced and would feel lucky.
  5. So these moronic magistrates struggle to hand reasonable sentences to rapists, murders and extremely violent assaults, yet suddenly get all big and tough when its a simple case of speeding.

    Certainly he was doing an insane amount, on a public road, and I believe that his current sentence is pretty spot on, but let's be honest, the most dangerous part of this whole thing was yet another stupid rozzer who decided to initiate the chase. 1.5 ton cars going at 200kph cause a sh!tload more damage, you don't need a degree in TAC Psychics results doctoring to explain that.

    On another note, gotta love the idiots that lap up years of "Speeding kills kittens" then go spout their self important bullsh!t on these articles.
  6. yeah but they get all that free parking on footpaths :p

    seriously, thats a bullshit sentence...should have been at least weekend detention, certainly jail time. what if they hit someone? you can only imagine a pedestrian dying, anyone in a car also.

    if i get 3 points and $248 for helmet not done up properly and this turkey gets... :evil:

    it really says it depends on who your magistrate is.
  7. If there are kids playing on the f3 in the early hours of the morning, I think a speeding motorcyclist is the least of their worries.


  9. In the first instance, he didn't hurt anyone according to the report. No harm done.

    Further on in the article it was reported that after pinning it once the police gave chase, he came close to hitting a car at an off-ramp. That's trouble.

    When I was aged 19-22 I used to do stuff (usually shortish bursts of speeding, sometimes in suburbia but mostly on the freeways) in the cage (without thinking of consequences) that I wouldn't do now. Its easy to say that he's a bad boy and he should be locked up but I bet there's a lot of motorists out there who, like me, have sped in the past and never got caught. There's one thing I'd never have done and that's flee from the police if they caught me speeding. He received a penalty for doing that and for putting another motorist at some sort of risk at the off-ramp.

    In my opinion, gaol time for speeding is a waste of resources unless its a serial speedster or they actually cause harm.
  10. err, I didn't say "what if they hit someone?", misquoting there

    (If I had said it it would have been "What if HE had hit someone", since the subject of the sentence is male, and singular :LOL:).
  11. If you speed and get caught, gaoltime is going to be excessive in most cases. But this guy ran away from the police and then tried to hide his bike behind a palm tree. It'd be pretty reasonable for him to get gaoltime. High-speed chases are definitely dangerous.

    Also, admittedly there aren't going to be any kids on the freeway at 3am, but it doesn't mean it's totally safe. What if there was a broken down car or something?
  12. No precedent is set in a magistrates court, precedent can only be set in the higher courts
    Incorrect, they get pinged for doing the minimum 7 kms over then a tolerance of 3 kmh is deducted from that alleged speed, and this is only by a speed camera.
    Police still operate on a more lenient speed tolerance.
    Love the way you guys exaggerate it makes my day to see such presumptuousness.
  13. Got off lightly.

    It's getting late now, and there isn't anybody on my street. Can I crack out my .303 and fire a few rounds up the road? Silly thought - just because he didn't hit anybody doesn't mean he should be convicted.
  14. Yes it is - but it's only suggestive, whereas precedent from a higher court is binding on lower courts. Application gets complicated of course, that's why lawyers get paid so much (right?) but basically a decision made in say a County Court in Victoria can be used as precedent guiding a County Court judge in NSW, or Vic, or even Supreme or High Court if they saw fit. The same precedent would have to be followed by a Magistrate in Vic. Aim is to make the law as consistent as possible. Of course higher courts can over-rule and thereby change precedent if they see fit.

    Yes it does - deterrance is a very important part of criminal (and civil for that matter) law. The theory is that if you let one offender off because they got lucky and didn't kill anyone, someone else won't see a reason not to do the same, and may not be so lucky. Or in a more direct sense, if you let an offender off lightly, what's to stop them (him, in this case) reoffending?

    Abso-fcuking-lutely. Seriously high range speeding and evading? 100 hours community service? What the f#@$?
  15. umm he was

    Brand's driving record revealed his licence had twice been suspended for demerit points lost in seven separate speeding offences, including one when he was an unaccompanied learner.

    But let those without sin cast the first stone.

    IMHO, no jail time for this guy. However those speeding in the suburbs, at least community service working hospitals seeing accident victims
  16. Rich/connected people get "justice".

    The rest of us get The Law.
  17. Sigh... don't get me started about the imbalance. :roll:

    It might have been a safe place and time to speed - but a freeway is not the place since lazy plod likes to hangout there when it IS the safest and most inviting time to speed... Good on this guy for getting a reduction though... but three years suspension is a serious penance all the same...
  18. IMHO.. he shoulda been slapped with a fine as a deterrent...he took no one`s freedom away so he should be free to ride :wink: ...and as prev stated, the area was safe as...that`s why they make fast bikes n cars isn`t it?? lol...i mean if the gov was fair dinkum, they`d 1> use speed limiters...2>not produce bikes over 50cc lol
  19. Re: NSW 240km/h motorcyclist sentenced, good judgement or ba

    In the same way, I can't begrudge anyone attempting to run from the cops.
  20. Re: NSW 240km/h motorcyclist sentenced, good judgement or ba

    So you're one of those people.