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"Much Loved Volunteer run down from behind on bike murder charge"

Discussion in 'The Pub' started by ad91on, Jan 5, 2012.

  1. "Much Loved Volunteer run down from behind on bike murder charge"

    Significant in that it could set a precedent for vehicles as a murder weapon - something obviously paramount in the smidsy debate and what not.

  2. Well, maybe.

    However, I suspect that, in the case concerned, there are additional reasons that it is being treated as murder, as alluded to here:

    I suspect that, in a collision between two random strangers, it's likely that the current assumption of lack of intent to kill will continue to hold.
  3. #3 hornet, Jan 5, 2012
    Last edited by a moderator: Oct 24, 2015
    I'd have to agree: the fact that the victim was a rider is totally incidental.
  4. Nah. That precedent was set in the southern cruises drive 4wd incident. Not legally of course. I just cant remember if anyone died. The fact that no one was found is irrelevant to the precedent set in peoples minds.
  5. Murder involves premeditation, Manslaughter does not.
  6. man, dilligaf? it's ****ing interesting and shit. Yo.

    (slight sting at first ever thread being moved tho. ouch.)
  7. Not in Queensland:

    s302(b) of the criminal code.

    a person who unlawfully kills another under any of the following circumstances, that is to say— if death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life; is guilty of murder.

    So if you intentionally drive like a fuckwit, and you kill someone, you can be tried for murder.

    Not sure if any states still have wilful murder in the criminal code, but I am pretty sure that is premeditated murder.
  8. No motorcycling content hence the move. Hypotheticals don't really count in this case.
  9. CRIMES ACT 1900 No 40 (NSW) - SECT 18
    Murder and manslaughter defined
    18 Murder and manslaughter defined

    (a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
    (b) Every other punishable homicide shall be taken to be manslaughter.
  10. It was in NSW so qld law would not apply

    Tapatalking from somewhere, maybe even behind you so look out!!!
  11. Reckless Indifference counts as murder in NSW. Legislation referenced in post prior to yours.
  12. WTF was James Andrew Mitchell thinking when he spotted and deliberately drove his car from behind, into Foss. :?
  13. Of think it's fairly clear what he was thinking...
  14. "Hate frickin' that rat bastard, imma get 'im!"?
    (Mind of a murderous douche, not Suriag opinion duh :p)
  15. There's no limitation on what can be a murder weapon it could be a car as easily as anything else.

    "Much Loved Volunteer run down from behind on bike murder charge"

    is just a typically hyped news headline designed to attract attention, it doesn't mean there's any charge known as "bike murder" or anything of the sort.
  16. If the cops establish a motive "there was animosity between the 2 men" then it could easily be a murder charge.
  17. It might have been a Hit.
  18. From the NSW police website ..http://www.police.nsw.gov.au/news/media_release_archive?sq_content_src=%2BdXJsPWh0dHBzJTNBJTJGJTJGd3d3LmViaXoucG9saWNlLm5zdy5nb3YuYXUlMkZtZWRpYSUyRjIwODM4Lmh0bWwmYWxsPTE%3D

    Also as a matter of interest, when the murder charges where laid the road toll dropped back to 18 , so its no longer considered a road fatality ??