Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby wellington_street » Mon May 04, 2015 1:07 pm

Subbed. Know this road well, was inevitable. Needs cops out there with radar guns - as much as I detest the focus on speed above all else, that is the easiest way to catch these morons before they kill someone (else).

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SheikYerbouti
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby SheikYerbouti » Mon May 04, 2015 8:59 pm

rogan wrote:Not making a statement because of your social life, sorry, what is that about?


Maybe the guy he was going to make a statement about had some large friends who knew where he lived?

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby rogan » Mon May 04, 2015 9:22 pm

SheikYerbouti wrote:
rogan wrote:Not making a statement because of your social life, sorry, what is that about?


Maybe the guy he was going to make a statement about had some large friends who knew where he lived?


So, the report I was referring to relevantly stated:

"The officer in charge of the investigation, Natalie Bromage from the Metropolitan Crash Investigation Unit, said a few hours after the incident, police received an anonymous call from a man, Michael Scupps.

Mr Scupps said he met other motorcyclists at a cafe at Mt Colah earlier that day and one man, Ben Smith, was "carrying on about a collision with a push-bike rider".

Ms Bromage gave evidence that Mr Scupps told police Mr Smith said he "didn't give a f--- about push-bike riders and they shouldn't be on the road".

Mr Scupps also said Mr Smith was an "arrogant and aggressive rider".

However, Mr Scupps declined to make a formal statement, because he didn't want to "ruin my social life". He failed to comply with a subpoena to attend court on Thursday."

So Mr Scupps made an anonymous phone call? Was it anonymous or not? Was he scared of big bikies who didn't want him talking to the cops or not? Because I am sure the Crime Stoppers website says that anonymous calls will be treated in strictest confidence.

I don't know what the real story is, but 1. it's unlikely the cops revealed Mr Scupps name without his consent and 2. if he's consented but just doesn't want to get involved, it doesn't sound like he was particularly scared of big bikies and 3. someone has now been charged, and I guess we get to find out (if it proceeds to trial) who the witnesses might be.
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby Bunged Knee » Tue Oct 20, 2015 5:07 pm

Ben Smith will be back to court this Thursday at Sutherland or Friday at Downing Centre.

It had been stated for mention. But nothing had been said for trial. :?:
https://onlineregistry.lawlink.nsw.gov.au/content/court-lists#/
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby baywatch » Thu May 04, 2017 8:50 am

Ben Smith was found guilty of manslaughter yesterday in the District Court after a jury trial. Sentencing 20 June.

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby redned » Thu May 04, 2017 3:35 pm

Four years since the incident! Wow!

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby biker jk » Thu May 04, 2017 3:50 pm

Hopefully the sentence is lengthy and well publicised.

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby biker jk » Tue Jun 20, 2017 5:19 pm

Wasn't the sentencing supposed to be today? I can't find any news.

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby find_bruce » Tue Jun 20, 2017 5:41 pm

Only return on NSW Court lists for Ben Smith in the district court is a sentencing on 30 June

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby biker jk » Tue Jun 20, 2017 5:45 pm

find_bruce wrote:Only return on NSW Court lists for Ben Smith in the district court is a sentencing on 30 June


Thanks.

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wombata
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby wombata » Fri Jun 23, 2017 5:05 pm

The sentencing hearing is in Penrith Court, Justice Buscombe, at 10am on 30 June. Bringing down of sentence itself is expected within a couple of weeks of that date.

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby biker jk » Fri Jun 30, 2017 3:03 pm

Bail revoked. Sentencing on Monday (3 July).

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby Bunged Knee » Fri Jun 30, 2017 5:25 pm

In the Terrorogragh, It had stated that he will face 25 years in jail.

I don`t believe that as it had always handed the fewer years in jail as it had been stated in the past years.
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wombata
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby wombata » Mon Jul 03, 2017 11:06 am

Ben Smith received 8 years gaol with 5.5 years non parole. He's also not permitted to drive for 5 years post release.

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby Spaniel » Mon Jul 03, 2017 11:38 am

wombata wrote:Ben Smith received 8 years gaol with 5.5 years non parole. He's also not permitted to drive for 5 years post release.


5.5 years for a cyclist's life. We are not worth much.

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby Bunged Knee » Mon Jul 03, 2017 11:58 am

Report in SMH

Disappointed in not serving of minimum of 10+ years and cyclist life means nothing.

What a disgrace to legal system?
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby ColinOldnCranky » Mon Jul 03, 2017 12:06 pm

Spaniel wrote:
wombata wrote:Ben Smith received 8 years gaol with 5.5 years non parole. He's also not permitted to drive for 5 years post release.


5.5 years for a cyclist's life. We are not worth much.

We all think that offences close to us are worthy of the maximum sentence but it still stacks up against other terms for other offences. It shows that courts and police are at last not so forgiving of those offending against cyclists as in the past.

A thing that concerns me is the reason that a key witness, Michael Scupps, gave for refusing to make a formal police statement. That he didn't want to ruin his social life. I can only surmise that much of his social circle are of the same ilk as Ben Smith. I accept that there are so many haters out there that he could, indeed, be an outcast among some but alarming is the implication that even the outcome of this incident would still not be sufficient to give some of his mates pause for thought.

Though maybe 8 years in the joint may give them reason to think buzzing vulnerable strangers is not worth the thrill after all.
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby ColinOldnCranky » Mon Jul 03, 2017 12:13 pm

In some jurisdictions an unintended death arising out of an act that is obviously hazardous to life is sufficient to sustain a charge of murder instead of manslaughter. (I don't know if that is the case in the jurisdiction here.)

It would be good if actions such as Smith's were readily judged by the courts to fall under that scope. Because clearly buzzing riders sufficiently aggressively does pose a serious and obvious risk of death.
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby g-boaf » Mon Jul 03, 2017 12:24 pm

Bunged Knee wrote:Report in SMH

Disappointed in not serving of minimum of 10+ years and cyclist life means nothing.

What a disgrace to legal system?


Bombard the government (particularly the AG) with heaps and heaps of angry letters demanding justice.

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby Thoglette » Mon Jul 03, 2017 1:36 pm

biker jk wrote:Hopefully the sentence is lengthy and well publicised.

Sydney man jailed for eight years over cyclist's death on highway
Ben Worsley 2017-07-03 ABC News online wrote:A motorcyclist who boasted about hating pushbike riders has been sentenced to eight years' jail for the manslaughter of cyclist Steve Jarvie on the Old Pacific Highway north of Sydney four years ago.
....

Mr Jarvie's partner, Linda Ellis, described the sentence as a great relief.

"What a great result," she said outside court.
"I think it sends a really, really good message to all the Ben Smiths out there I guess, that there are consequences for your actions."
"[The message that] a life is valuable, that they can't just do what they like and leave someone lying on the side of the road like a piece of garbage.
"The legal system has to show that there are punishments to fit the crime and that they can't get away with it."
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby battler2 » Mon Jul 03, 2017 8:38 pm

he'll be out in 5 and a half. for murder. welcome to australia.

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby trailgumby » Mon Jul 03, 2017 9:44 pm

wombata wrote:Ben Smith received 8 years gaol with 5.5 years non parole. He's also not permitted to drive for 5 years post release.

At least the driving ban is not concurrent with the gaol sentence.

Still a ridiculously light sentence. Begs the question, what do you have to do to get the maximum? Crash an airliner into a building something?

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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby wombatK » Mon Jul 03, 2017 10:31 pm

Hands up anyone who thinks he's going to emerge from 5 years in prison with any greater respect for cyclists or any less self-importance ? I'm absolutely appalled by the prospect that he will be allowed to hold a drivers license just 5 years after his release. The public's safety will be at risk whenever he is allowed to drive.
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby Thoglette » Tue Jul 04, 2017 12:24 am

trailgumby wrote: Begs the question, what do you have to do to get the maximum?


Just be glad that manslaughter was the charge as opposed to "dangerous driving causing death". That's a major step forward.
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Re: Cyclist dies after Cowan crash (Sunday 17th Feb 2013)

Postby ColinOldnCranky » Tue Jul 04, 2017 9:57 am

Just be glad that manslaughter was the charge as opposed to "dangerous driving causing death". That's a major step forward.[/quote]

Hear hear!
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