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#1 | |||||
FF.Com.Au Hardcore
Join Date: Feb 2010
Location: Sun City, North Australis
Posts: 4,274
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Two different states, but similier circumstances?
http://news.ninemsn.com.au/national/...elbourne-crash Quote:
http://news.ninemsn.com.au/article.aspx?id=1052608 Quote:
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You've seen it, you've heard it and your still asking questions?? Don't write off the Goose until you see the box going into the hole.... |
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#2 | |||
Back to Le Frenchy
Join Date: Feb 2005
Location: Back home.....
Posts: 13,346
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Victorian sentencing is nothing more than a sick joke. This has been known for quite some time.
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#3 | ||
Rlegaur Mbemer
Join Date: Aug 2007
Location: Perth
Posts: 1,594
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I'm in no way saying it's right, but all we get to see is a newspaper article in which there may be some facts. All the facts and circumstances of each case are not known to us, so it's hard to comment. I've seen prosecutors/defense lawyers misquoted by the newspapers many times before, even to the extent of a quote that was meant to be by a defense lawyer, when in fact it was by a prosecutor.
But these cases aren't really comparing apples to apples. You have what appears to be a serious repeat offender vs some stupid kid that made a very, very bad decision. Who knows, maybe the taxi turned right in front of him at a set of green lights, or ran a stop sign and pulled out in front of him? If this were to happen to you and you were doing 10km/hr over the speed limit, would it be your fault because you were exceeding the speed limit, or the taxi's fault because he pulled out in front of you? Don't get me wrong, I'm not making excuses, merely adding some food-for-thought.
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#4 | |||
FF.Com.Au Hardcore
Join Date: Feb 2010
Location: Sun City, North Australis
Posts: 4,274
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Quote:
Um, well your comments sounds like you are making excuses for a couple of morons street racing.... Damn silly Taxi then for being on the road.
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You've seen it, you've heard it and your still asking questions?? Don't write off the Goose until you see the box going into the hole.... |
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#5 | |||
FF.Com.Au Hardcore
Join Date: Aug 2006
Location: Salamander Bay
Posts: 5,427
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It's quite obvious from his post he is not making excuses for street racers but pointing out how easy it is to judge different situations inaccurately without having all the facts at hand, no one here was in the court to hear all the circumstances in this case so no one here can fairly compare the 2 sentences.
the way I see it scaffy has a different view of things to you and has the inteligence to see that there could be more than meets the eye here ( after all journalists only print what look good) how dare he point this out, shame on you scaffy ![]() Quote:
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#6 | ||||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: Melbourne, Australia
Posts: 2,602
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On the comparison of the 2 cases - the second is significantly more serious - you have car theft, drug use and then a car chase with police on top of already being on parole for car theft and not even licensed. The double fatality is the only common event - but the circumstances leading up to it are different in severity.
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#7 | |||
Former BTIKD
![]() Join Date: Mar 2005
Location: Sunny Downtown Wagga Wagga. NSW.
Posts: 53,197
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Dying at your job is natures way of saying that you're in the wrong line of work.
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#8 | ||
reece1
Join Date: Jul 2005
Location: sydney
Posts: 856
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from not knowing all the details and only reading the above post i think the sentences of the kids is fair, i think while it very sad for the family involved and the victim was very young they were all in the car together having fun doing the wrong thing till the unfortunate happened. where as the other case is completly different and the sentence if anything is not long enough. your comparing apples to oranges.
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#9 | ||
Falcon RTV - FG G6ET
![]() Join Date: Mar 2007
Location: In Da Bush, QLD
Posts: 31,341
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Sentencing in these cases varies for a number of reasons, firstly these sentences were handed down in two different states, where the judicial authority (The Judge) has to abide by the sentencing legislation in each state. (Yes they do vary.)
Another thing is the judicial authority is bound to abide by precedent in these matters, (Past sentencing for similar offenses in cases like the case before the judge). Next the judicial authority is to take into account the severity of impact upon the victim & relatives (if any) in the case. Next the judicial authority takes into account any mitigation of behalf of the defendant or defendants. The judicial authority may then take into account the record, if any of the defendant. Before a sentence may be formulated, if sentencing the defendant, the judicial authority must provide reasons for the sentence or sentences. The judicial authority would also be aware when sentencing that the defendant may appeal the sentence and therefore the sentence must stand the scrutiny of a higher court, (the appeals court). See it's easy isn't it!
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#10 | ||
...
Join Date: Dec 2006
Posts: 1,046
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^^^ Thats not very mob like. Where is your burning pitchfork?
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#11 | ||
FF.Com.Au Hardcore
Join Date: Mar 2006
Posts: 3,910
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They got of lightly. The copper I was talking to the other day was telling me its typically 5 years for culpable driving. He was telling me the local prison treat that type of offender pretty well too. Learn a trade, day release with a trustee for work etc.
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#12 | ||
Rlegaur Mbemer
Join Date: Aug 2007
Location: Perth
Posts: 1,594
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@Jim Goose: if that is how you comprehend what I have written, then there's nothing more I have to say to you. Others are able to see what I'm saying. At the end of the day though, they were doing the wrong thing and if they weren't, this tragedy would not have happened. Maybe the car after the taxi would've pulled out in front if them if they were doing 80 and there could still have been a fatality. We'll never know. I'm sorry I didn't give you the response you were expecting.
@BPXR6T: They were cleared of culpable driving. I think it's a great idea to rehabilitate people who've been incarcerated. I'm pretty sure that just about every prison in the country has rehabilitation programs in different areas, from beahvioural/anger management and cognitive skills to trades and university degrees. Isn't it better to try and teach these people new skills so when they are released they have a better chance of reintegrating into society and not falling back into old habits?
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[YEAH NAH] Red EL XR8 with Trick Flow top end kit, 70mm tb, 73mm maf, 24lb injectors, tweecer, 3.73s & tired T5 = 275rwhp & 13.155@105mph NA. 12.375@116.73 N2O - Off the road, awaiting White EL Series II XR8, manual, high flow cats, single 3" exhaust and Quarterhorse = 236rwhp and 14.18@97.5mph - E7 heads FTW! - SOLD |
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#13 | ||
FF.Com.Au Hardcore
Join Date: Mar 2006
Posts: 3,910
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^didn't say there was anything wrong with it.
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#14 | ||
Rlegaur Mbemer
Join Date: Aug 2007
Location: Perth
Posts: 1,594
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I wasn't sure, but felt I'd share my view in any case
![]() edit - before others jumped on saying they should get nothing and be locked up in solitary confinement for the entirity of their sentEnce. Because that works, doesn't it?
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[YEAH NAH] Red EL XR8 with Trick Flow top end kit, 70mm tb, 73mm maf, 24lb injectors, tweecer, 3.73s & tired T5 = 275rwhp & 13.155@105mph NA. 12.375@116.73 N2O - Off the road, awaiting White EL Series II XR8, manual, high flow cats, single 3" exhaust and Quarterhorse = 236rwhp and 14.18@97.5mph - E7 heads FTW! - SOLD Last edited by Scaffy; 15-05-2010 at 09:32 PM. |
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#15 | |||
Life begins at 40
![]() Join Date: Jan 2005
Location: Melbourne. Socialist capital of Victoriastan.
Posts: 3,715
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The way I see it is that the clown from Rowville was charged with dangerous driving causing death, also three counts of dangerous driving causing serious injury so the penalty was four years. He may have been street racing, however, the taxi made a right hand turn in front of him.
It doesn’t matter if he was doing 50 or 150 kph, he was still oncoming traffic. I live about three minutes away from where this accident happened and still can’t understand why the taxi made the right hand turn. Personally, I would have waited the extra two seconds. I’m not making excuses for the bloke who was racing, I just can’t see the sense in killing someone to prove a point. The report states that Jarrod Rooke was travelling between 114 and 126 in the 80 zone. 12 kph is a big margin for error from the police investigators who usually can narrow the speeds down to a lot less than that. Put simply, at 34 kph, you will travel 9.44 metres a second. At 46 kph, you travel 12.78 metres a second so there’s a 12 kph “grey area” or 3.34 metres a second variance. The way I see it, it’s the copper’s having a bet each way. Depending on how long it took the taxi to actually turn right across Ferntree Gully Road (three lanes) there could have still been an accident even if Jarrod Rooke was travelling at 80 kph (22.22) metres a second, all be it a minor one. At 114kph, the distance is 31.67 metres a second. I’m sure that the courts would have taken all of this into account. The other clown from Sydney, while “coming down” from amphetamines was being pursued by police at high speed and after the chase was called off, hit another vehicle head on killing two people, so he was charged with two counts of manslaughter. No amount of jail time will stop the grief that these families are going through. Hopefully, while in jail, these people can think about their actions and “hopefully” come out of it understanding what they have really done to all of the families involved (their own included) and hopefully make some positive contribution to society. These are both tragic cases and as Burnout has mentioned, the penalties for these two different offences vary from state to state.
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