Woman charged over hit-and-run on cyclist at Helensburgh

[Aushiker]

Thanks to The 2nd Womble for the heads-up on this one ...

A woman has been charged after she allegedly hit a cyclist south of Sydney earlier this month and drove off without helping him.

Police say Brendan Braid was knocked from his bike while riding south along the Old Princes Highway at Helensburgh about 6:15am (AEDT) on Sunday January 5, 2014.

Other cyclists found the 58-year-old by the side of the road a short time later, but no sign of the car that had hit him.

Mr Braid was treated by paramedics then taken to St George Hospital with a broken ankle, broken leg, cracked lower vertebrae, internal bleeding and a badly grazed and bruised face.

Police revealed after the crash that they were looking for a white Ford Laser hatchback with Victorian number plates and green P-plates.

Inspector Jim Friday says a 23-year-old woman was charged last night at Sutherland Police Station.

Balance in the ABC news item.

Andrew

[il padrone]

Serious injuries sustained. In Victoria she would be up for the new penalties on failing to stop - a candidate for 10 years with 'The Freak'

[g-boaf]

She shouldn't have been put on bail. Should have been kept in custody. What she did is very serious.

[zero]

Serious injuries sustained. In Victoria she would be up for the new penalties on failing to stop - a candidate for 10 years with 'The Freak'

She's been charged with fail to stop, which is police speak for Brendans law, and it has similar max penalties. The neg driving occasioning GBH charge would only have ever attracted a max sentence of 9 months, and one imagines it would have likely be suspended if given, so she has seriously raised the chances this will be custodial. Regardless of circumstances, the road in that area has an overtaking lane, and the sun is to the left in the morning, its not in the drivers eyes, and the roadway won't even have been seriously dappled, and she wouldn't have been on it long enough to try the mesmerised bs. She obviously wouldn't have been in any danger of being assaulted by another cyclist if she stopped.

ie her weasel doesn't on the face of it, have a lot to work with.

[Derny Driver]

Latest news on this case
http://www.illawarramercury.com.au/stor ... or/?cs=300" onclick="window.open(this.href);return false;

[Aushiker]

Latest news on this case
http://www.illawarramercury.com.au/stor ... or/?cs=300" onclick="window.open(this.href);return false;

Thanks for the update. I do like magistrate, Mark Richardson's response ... I suspect Ms Talia Jade Van-Rysewyk might find he is not so tolerant of her attitude .

Andrew

[cp123]

I wonder whether she'll pull the 'but the P plater threw a bottle at my windscreen' line in court.


Do you think she's starting to poop her pants a bit??? She's reopened her fb page too. she went to private when this happened. I guess she thinks she can come out again now.

[queequeg]

I wonder whether she'll pull the 'but the P plater threw a bottle at my windscreen' line in court.


Do you think she's starting to poop her pants a bit??? She's reopened her fb page too. she went to private when this happened. I guess she thinks she can come out again now.

The phantom car defence. Her message was posted at 6:50am, which would have been just when she arrived home and attempting to cover her deeds, much like the eastlakes driver that claims he "blacked out" just before running down 7 cyclists.

I bet she has miraculously recovered from her illness tomorrow too.

[biker jk]

This is the other failing of our legal system where the accused can delay the hearing, hoping the victim drops the case, or that witnesses change their minds, move interstate, etc. It could well be a year between the incident and a sentence. Certainly an argument for reforming the legal system,

[westab]

Easy solution to the issue of missing court - treat it like the telecommunication sector. You have an appointment, you didn't make it so you pay for both the appointment you missed and the one that had to be made available to address the issue. So then how does it work - the court case proceeds (what ever the finding) and then quickly proceeds to the bill and takes your home, car, next 10 years of your income and gives you a pogo stick to get to work on. (if she is sick not just putting it on I think, within reason, fair enough)

Well anyway as long as justice is served and the situation on the roads is improved so that we can all show the care for each other as we should.

[Alex Simmons/RST]

This is the other failing of our legal system where the accused can delay the hearing, hoping the victim drops the case, or that witnesses change their minds, move interstate, etc. It could well be a year between the incident and a sentence. Certainly an argument for reforming the legal system,

It sure isn't fast. In September I'll be in the Appeal's Court of NSW, some 7.5 years after my incident. I'm still waiting for judgement to be handed down on Supreme Court costs from my case which was heard in September 2012. It took 12 months for case judgement to be handed down.

[rogan]

Local Court will be much faster than the Supreme Court/Court of Appeal.

The "my client is suddenly gravely ill" is a stunt you pull once per defendant (and preferably not at all). One possibility is the lawyers are working on her to plead guilty. If she pleads guilty, IMO a custodial sentence is unlikely. If she's convicted after insisting she is innocent and making everyone go through a one day hearing, it's a higher possibility.

[ColinOldnCranky]

She shouldn't have been put on bail. Should have been kept in custody. What she did is very serious.

Unless she is a flight-risk then no. Absolutely no.

Besides, if she is in custody and found guilty then that time is taken off. So her punishment is not enhanced anyway.

On the other hand, if it transpires that she is not guilty, then, as well as the injustice to the rider, there is an injustice to an innocent person.

Perhaps you are unaware that the police do, from time to time, charge an innocent person. She should be gaoled or not on the merits of the case presented to court. Not on the anger of you and me and others who know nothing except whatever a reporter has filed. (Has it also escaped your attention that journalists are not error free either.

If she is a flight risk, then perhaps. Otherwise we wait and, if found guilty, she will still serve the same amount of total time.

Justice delayed is still annoying though.

[ColinOldnCranky]

I get the feeling that the tide is turning when it comes to these sorts of cases. The courts are becoming less tolerant of vulnerable users being targeted and I believe a lot of it is the proliferation of video evidence that is now becoming available. In the past it was just claims by cyclists of maltreatment, now it is becoming increasingly obvious to anyone how poorly behaved some people are for no apparent reason other than a mode of transport choice.

There are many jurisdictions but, on the whole, I think yo are right.

[ColinOldnCranky]

This is the other failing of our legal system where the accused can delay the hearing, hoping the victim drops the case, or that witnesses change their minds, move interstate, etc. It could well be a year between the incident and a sentence. Certainly an argument for reforming the legal system,

The "victim" does not prosecute the case, the state does. Delaying the state is not particularly effective - the system aka the state has far more patience than the average defendent.

But things can occasionally fall apart over time when keeping witnesses hanging in the breeze, though probably more in assault/bashing/sexual abuse/fear types of cases than this sort of situation.

[r2160]

I would almost bet that her lawyer told her not to come to try to get a different judge. From the sounds of it, the judge has had enough. Maybe her lawyer is hoping to get a more sympathetic judge

I hope that she gets what is coming to her. It is long overdue that the courts send a message to the public that its NOT OK to mow another person down who is on a bike.

cheers
Glenn

[biker jk]

This is the other failing of our legal system where the accused can delay the hearing, hoping the victim drops the case, or that witnesses change their minds, move interstate, etc. It could well be a year between the incident and a sentence. Certainly an argument for reforming the legal system,

The "victim" does not prosecute the case, the state does. Delaying the state is not particularly effective - the system aka the state has far more patience than the average defendent.

But things can occasionally fall apart over time when keeping witnesses hanging in the breeze, though probably more in assault/bashing/sexual abuse/fear types of cases than this sort of situation.

Why did you place victim in inverted commas?

[cp123]

this chick (or her lawyers) is like a puppet pulling strings. She deferred the first time because she was still investigating medical issues (whether she has a heart or a soul I guess?), then I thought there was another time but I can't remember what, and now she's got the trots. big whoopee deal.

How did Brendan Baird feel when you left him broken by the side of the road?

[ColinOldnCranky]

This is the other failing of our legal system where the accused can delay the hearing, hoping the victim drops the case, or that witnesses change their minds, move interstate, etc. It could well be a year between the incident and a sentence. Certainly an argument for reforming the legal system,

The "victim" does not prosecute the case, the state does. Delaying the state is not particularly effective - the system aka the state has far more patience than the average defendent.

But things can occasionally fall apart over time when keeping witnesses hanging in the breeze, though probably more in assault/bashing/sexual abuse/fear types of cases than this sort of situation.

Why did you place victim in inverted commas?

Perhaps you are wondering if I am challenging the bonafides of the victim being a victim. No. Just using it in the way of an impersonal label. I could have italicised it instead. Mostly I am too lazy to do either.

[Derny Driver]

Latest news on this case ...it will be heard in March.
Thats 14 months after the event.
I am so keen to see this bitch get gaol time.
http://www.illawarramercury.com.au/stor ... ed/?cs=300" onclick="window.open(this.href);return false;

[queequeg]

Just in case anyone needs reminding what and when she posted on Facebook shortly after the alleged hit and run:

[Mulger bill]

Witnesses failed to attend...
Prosecution or defence?

Why do I get the feeling that all concerned apart from the rider are just kinda hoping this just drys up and blows away?

[Derny Driver]

Its a possibility that her previous 2 no-shows in court were because the defence were worried about a tough magistrate. The stalling could be something to do with who the magistrate is.
There is one particular magistrate down here at Wollongong who is extremely soft on offenders. Currently he is presiding at Sutherland. Not sure who is at Kiama Courthouse.

[ColinOldnCranky]

Its a possibility that her previous 2 no-shows in court were because the defence were worried about a tough magistrate. The stalling could be something to do with who the magistrate is.
There is one particular magistrate down here at Wollongong who is extremely soft on offenders. Currently he is presiding at Sutherland. Not sure who is at Kiama Courthouse.

I am aware of one before this latest appearance. Often a set date does not eventuate for administrative reasons which, unless someone knows otherwise, likely accounts for the one scheduled in April that never went ahead.

I only count her one no-show in July and, in this latest, the prosecutor asked for the no-show. Unless soemone knows otherwise I expect that the April appearance that did not happen was the fairly normal re-scheduling that happens on so many serious cases, with either orboth parties or the court itself seeking the deferral.

Now if you want to see case of avoidance time and again, look no further than Puneet Puneet who killed Dean Hofstee. viewtopic.php?f=53&t=74894&p=1197608#p1197608

[queequeg]

Game over?