A very sad day for justice in Tasmania

[human909]

The only witness to his reckless drive was killed by a ute.

[Shred11]

The only witness to his reckless drive was killed by a ute.

Not sure about that. There were two cyclists riding together - the ute hit one of them.

It's interesting to compare the penalties above, with those for workplace safety breaches here:
http://worksafe.tas.gov.au/laws/act_top ... _penalties

"Reckless conduct that exposes an individual to whom a duty is owed to a risk of death or serious injury/illness"
Maximum penalty
Corporation: $3m
Individual as a PCBU or an officer: $600,000 / 5 years jail
Other individuals: $300,000 / 5 years jail

I can only hope that the injustice of this sentence spurs such an outcry that we get some new laws to fix the problem.

[fat and old]

It's interesting to compare the penalties above, with those for workplace safety breaches here:
http://worksafe.tas.gov.au/laws/act_top ... _penalties

"Reckless conduct that exposes an individual to whom a duty is owed to a risk of death or serious injury/illness"
Maximum penalty
Corporation: $3m
Individual as a PCBU or an officer: $600,000 / 5 years jail
Other individuals: $300,000 / 5 years jail

I can only hope that the injustice of this sentence spurs such an outcry that we get some new laws to fix the problem.

There's something very wrong there

[find_bruce]

And an illustration how the proper charge results in a very different outcome. Driver was convicted of 3 counts of dangerous driving causing grievous bodily harm, maximum penalty imprisonment of 7 years, 11 if additional circumstances of aggravation such as being under the influence of drugs.

Sentenced to 8 years in gaol with a non-parole period of 6 years.

Won't bring the woman's baby back, but appears to be more a fitting punishment

[biker jk]

And an illustration how the proper charge results in a very different outcome. Driver was convicted of 3 counts of dangerous driving causing grievous bodily harm, maximum penalty imprisonment of 7 years, 11 if additional circumstances of aggravation such as being under the influence of drugs.

Sentenced to 8 years in gaol with a non-parole period of 6 years.

Won't bring the woman's baby back, but appears to be more a fitting punishment

Good to see the "brain fart" defence wasn't accepted.

[Mulger bill]

So it CAN be done...

[softy]

Am I missing something here?

The driver had his licence suspended right?
Therefore he shouldn't of been on the road, if he wasn't on the road, the accident wouldn't of happened.

I personally believe if someone is driving when their licence is suspended, and was in a accident of any kind the person should be 100% gulity. If a person is killed, it should be more than 5 years in prison.

Why do we take such a soft approach to people driving without a licence!

When someone is dead they are DEAD, wheather stabbed with a knife, shot with a gun or hit by a car!

[find_bruce]

Tasmania's Director of Public Prosecutions, Tim Ellis SC, was himself found guilty of causing death by negligent driving "by driving his vehicle 1 to 1.5kms on the incorrect side of the road leading to the collision"

Ellis is appealing that conviction

A further complication is that his former barrister has since been appointed Solicitor General, the post that would traditionally advise the government on whether Ellis should remain DPP if his conviction stands.

Was wondering what had happened to Ellis - when he lost his appeal in December, was given a 4 month suspended sentence & a two-year driving ban

I was surprised the Tasmanian government eventually got around to sacking him from his $500,000 pa job as DPP - it cost the people of Tasmania about $600,000 in paying him during the suspension.

[jules21]

And an illustration how the proper charge results in a very different outcome. Driver was convicted of 3 counts of dangerous driving causing grievous bodily harm, maximum penalty imprisonment of 7 years, 11 if additional circumstances of aggravation such as being under the influence of drugs.

Sentenced to 8 years in gaol with a non-parole period of 6 years.

Won't bring the woman's baby back, but appears to be more a fitting punishment

was that a jury trial?

[find_bruce]

And an illustration how the proper charge results in a very different outcome. Driver was convicted of 3 counts of dangerous driving causing grievous bodily harm, maximum penalty imprisonment of 7 years, 11 if additional circumstances of aggravation such as being under the influence of drugs.

Sentenced to 8 years in gaol with a non-parole period of 6 years.

Won't bring the woman's baby back, but appears to be more a fitting punishment

was that a jury trial?

Nope - pleaded guilty - comment was directed to sentence