2016 Cycling fatalities

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biker jk
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Re: 2016 Cycling fatalities

Postby biker jk » Fri Mar 31, 2017 4:26 pm

find_bruce wrote:Furthe rreport of the sentencing hearing

Truck driver who killed cyclist was overworked, South Australia court hears

More playing the victim from the driver's lawyer - it's all the transport company's fault he was taking amphetamines & recording fake log book entries. Funnily enough his timesheets were accurate or he wouldn't get paid enough.

The reason transport companies can pull that sort of crap is because people like Sean Daley are willing to do so for their own reward. Yes the company deserves to be punished, but that doesn't reduce the drivers culpability.
Unfortunately, in today's world, it's always someone else's fault. The legal system encourages blame shifting.

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Thoglette
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Port Pirie deadly driving: Sentence handed down

Postby Thoglette » Fri Apr 07, 2017 4:40 pm

Truck driver Sean Daley jailed over hitting cyclists, killing one, at Port Pirie
Rebecca Opie ABC News wrote: A drug-affected truck driver who ploughed into cyclists, killing one, at Port Pirie in South Australia has been sentenced to almost five years' jail.

Sean Anthony Daley, 49, was behind the wheel of the truck which killed a 61-year-old man and injured two others on Germein Road at Solomontown in March last year.

Daley pleaded guilty to aggravated charges of causing death and serious harm by dangerous driving.

Judge Gordon Barrett jailed him for four years and 11 months jail with a non-parole period of three years and 11 months.
Any news on how seriously the other two were injured and how they are recovering?
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Re: 2016 Cycling fatalities

Postby cj7hawk » Mon Apr 10, 2017 3:09 pm

biker jk wrote:
find_bruce wrote:Furthe rreport of the sentencing hearing

Truck driver who killed cyclist was overworked, South Australia court hears

More playing the victim from the driver's lawyer - it's all the transport company's fault he was taking amphetamines & recording fake log book entries. Funnily enough his timesheets were accurate or he wouldn't get paid enough.

The reason transport companies can pull that sort of crap is because people like Sean Daley are willing to do so for their own reward. Yes the company deserves to be punished, but that doesn't reduce the drivers culpability.
Unfortunately, in today's world, it's always someone else's fault. The legal system encourages blame shifting.
Maybe blame should be like love - It extends to cover everyone responsible, and the more people to blame, the more blame there needs to be.

That way, the blame for any one person will not be diminished by the fact that others can be blamed in addition to them.

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Thoglette
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Re: 2016 Cycling fatalities

Postby Thoglette » Sat May 27, 2017 4:55 pm

il padrone wrote:
Duck! wrote:Reports are that an arrest has been made. Hopefully the case is treated with the severity it deserves.
Our hit-run laws were reviewed and toughened about 5 years ago following the Eugene McGee debacle in SA. I think that a hit-run causing death now is punishable with up to 10 years prison.

If the police can be f***ed to lay a charge. If the judge or jury can be f***ed to find them guilty.
Guilty plea.
Man faces 10 years jail after pleading guilty to fatal hit-run crash
Janet Lee, The Age, 25th May 2017 wrote: Matthew O'Connor, 28, was on bail when he struck New Zealand national Peter McGuffie, 54, as he rode his bike in West Footscray on June 23, 2016. The cyclist died at the scene.

The court previously heard O'Connor was seen veering into the bike lane on Barkly Street and that Mr McGuffie was wearing a high-visibility vest at the time.

O'Connor appeared in the Melbourne Magistrates Court on Thursday via video link. He pleaded guilty to dangerous driving causing death, failing to stop after an accident, driving while suspended and committing an indictable offence on bail. The crime of dangerous driving causing death carries a maximum sentence of 10 years' imprisonment.
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Re: 2016 Cycling fatalities

Postby Thoglette » Fri Jun 30, 2017 4:37 pm

familyguy wrote:Was the Qld one related to this: ?

If the driver had been harassing others beforehand, then shows motive and cause and should go away for a good spell.
Driver showed no remorse: Cyclist killer jailed
Tessa Mapstone | 29th Jun 2017 Sunshine Coast Daily wrote: After Nathan Craig MacDonald ran down cyclist Stephen Small at Doonan last year police found his ute 1.5km down the road with Mr Small's bicycle still embedded in the bumper.

He told officers "my bad, I messed up", but since then has shown no remorse for killing the 42-year-old father who was riding home in a marked cycle lane, the judge who today sentenced him to jail said.
...The fatal collision ended a half-hour long period of "reprehensible" dangerous driving in which MacDonald, who was severely intoxicated, deliberately tried to run down another cyclist, Rod Wilcox, at Noosaville.
...Judge Robertson said Mr Wilcox had been lucky to escape with his life, and MacDonald had callously left Mr Small alone on the roadside after running him down, making no attempt to help him.

"I've been a judge for over 20 years and this is one of the most serious examples of dangerous driving causing death that I've come across," he said.
....
He sentenced MacDonald to nine years in prison for killing Mr Small, and set his parole eligibility date at March 14, 2020, four years after Mr Small's death and MacDonald's incarceration.

For his attack on Mr Wilcox, MacDonald was sentenced to four years in jail. He will serve both sentences concurrently.
See also this thread
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redsonic
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Re: 2016 Cycling fatalities

Postby redsonic » Fri Oct 13, 2017 11:21 am

Hit run driver who killed Peter McGuffie jailed for 5 years:

ABC News

You may remember this was the tradie with the white ute who was confronted by a witness as he left the scene but threatened and abused the person trying to stop him.

Original mention in this thread here

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Thoglette
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Re: 2016 Cycling fatalities

Postby Thoglette » Fri Oct 13, 2017 11:33 am

redsonic wrote:Hit run driver who killed Peter McGuffie jailed for 5 years:

ABC News
Minimum term three years. Judge quoted as saying Matthew O'Conner's actions were "wholly inexplicable and quite inexcusable".
ABC wrote:The court heard he had a long list of driving offences, including failing to stop at another accident in 2008.
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Mububban
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Re: 2016 Cycling fatalities

Postby Mububban » Mon Oct 16, 2017 11:45 am

Long list of prior offences, someone is dead, it's "quite inexcusable".....and all that adds up to minimum 3 years, maximum 5??? :cry:
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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Re: 2016 Cycling fatalities

Postby rowdyflat » Mon Oct 16, 2017 8:32 pm

Public execution is too good for him.

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Re: 2016 Cycling fatalities

Postby Top_Bhoy » Mon Oct 16, 2017 8:42 pm

From another article:
O’Connor was driving while suspended — and admitted to police he was under the influence of drugs and alcohol — when he struck Mr McGuffie from behind on Barkly St at 3.15pm
I'm at a loss as to why, for the charges he was found guilty on, he was given a 5 year term when the maximum is 10 years. Does the Judge have to provide a written reasoning for the decision and is it made public? Can this sentence be appealed? It is ludicrously lenient without further consideration of O’Connor's previous criminal history.

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Re: 2016 Cycling fatalities

Postby Bunged Knee » Wed Nov 15, 2017 5:48 pm

g-boaf wrote:http://www.smh.com.au/nsw/cyclist-car-c ... tdguy.html

Another horrible one. 33 year old lady killed.
Part news from BNSW bookface as I don't have bookface account.

Image

Not good news. :(

PS, posted from phone with screenshot.
ID please? What ID? My seat tube ID is 27.2mm or 31.6mm depending on what bikes I ride today.thanks...

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Re: 2016 Cycling fatalities

Postby AdelaidePeter » Thu Nov 16, 2017 11:10 am

News item here: https://www.brisbanetimes.com.au/nation ... zlw5k.html

2 years license suspension? Should be 30 years or life.

"One minute he was rounding the corner from Mona Vale Road into Woodlands Avenue in Pymble, then there was a loud bang, and the next moment he was outside his car and hysterical." -- oh the poor guy (sarcasm). It says a lot that the news item is first about how terrible it was for the driver.

"Fageer had cut her off as she coasted down the hill towards him on Mona Vale Road and she had slammed into the passenger side of his car, according to an agreed set of facts tendered to the Downing Centre Local Court." -- He was at fault, failed to give way, and killed her. And he'll be driving again in 2 years. Pathetic.
Last edited by AdelaidePeter on Thu Nov 16, 2017 2:35 pm, edited 1 time in total.

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Mububban
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Re: 2016 Cycling fatalities

Postby Mububban » Thu Nov 16, 2017 1:36 pm

This sort of lack of justice is why my wife hates me riding on the roads. Bad enough to lose a loved one, but to see someone walk away with that light a sentence....

I'm often reminded of the saying "We have a legal system, not a justice system."
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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redsonic
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Re: 2016 Cycling fatalities

Postby redsonic » Thu Nov 16, 2017 2:46 pm

From the Brisbane Times article linked to above:
According to court documents, the accident occurred about 10am on December 18, 2016....
She had been wearing a red and white shirt and black pants, described by a witness as dark colours, and did not have a light on her bike.
Why do we never hear "Fageer was driving a dark grey car and did not have his headlights on".

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Re: 2016 Cycling fatalities

Postby g-boaf » Thu Nov 16, 2017 3:00 pm

AdelaidePeter wrote:News item here: https://www.brisbanetimes.com.au/nation ... zlw5k.html

2 years license suspension? Should be 30 years or life.

"One minute he was rounding the corner from Mona Vale Road into Woodlands Avenue in Pymble, then there was a loud bang, and the next moment he was outside his car and hysterical." -- oh the poor guy (sarcasm). It says a lot that the news item is first about how terrible it was for the driver.

"Fageer had cut her off as she coasted down the hill towards him on Mona Vale Road and she had slammed into the passenger side of his car, according to an agreed set of facts tendered to the Downing Centre Local Court." -- He was at fault, failed to give way, and killed her. And he'll be driving again in 2 years. Pathetic.
I accidentally replied to the other topic about this, but I agree. Should be a longer gaol sentence and no driving ever again.

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Re: 2016 Cycling fatalities

Postby trailgumby » Thu Nov 16, 2017 4:10 pm

So reading about her injuries, and remembering the horrific picture in the Daily Mail, she bled out on the road from a cut to her neck.

I wonder if anybody intervened to try to stem the bleeding, or did they panic and not know what to do? We'll never know. Such an utter waste.

The excuse-making on behalf of the driver angers me profoundly. Essentially, he wasn't keeping a proper lookout for bike riders so failed to register her presence - same as it ever was. :x

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Re: 2016 Cycling fatalities

Postby find_bruce » Wed Dec 06, 2017 2:22 pm

Bunged Knee wrote:On NYE, in Darwin another cyclist died in hit and run.

From NT News.com,au

The ever-intensifying police search for two suspects in a fatal New Year’s Eve hit-and-run continued Tuesday.
Dozens of police searched Darwin’s suburbs for a blue 2010 Toyota Aurion which witnesses say struck and killed 46-year-old Jason McCormick.
Detective Acting Senior Sergeant Tony Henrys said the 34-year-old man was arrested near the Capricornia Hotel in Fannie Bay late Tuesday.
He has been charged with recklessly endangering serious harm; driving a vehicle in a dangerous manner; and driving a motor vehicle while disqualified.
The man was remanded to appear in the Darwin Local Court on Thursday.
The car, which was reportedly speeding along Winnellie Rd at the time of the crash, struck Mr McCormick after he had fallen off his bike.
Friends say he was riding a short distance home after a drinks at the Winnellie Hotel.


Vale to the last cyclist fatality for the year`16.
And yesterday the driver Wayne Abdul Sultan was gaoled for 2.5-4 years Darwin hit-and-run: Four years jail for New Years Eve killing of Jason McCormick

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Re: 2016 Cycling fatalities

Postby uart » Thu Dec 07, 2017 2:38 pm

trailgumby wrote:The excuse-making on behalf of the driver angers me profoundly. Essentially, he wasn't keeping a proper lookout for bike riders so failed to register her presence - same as it ever was. :x
Yeah but (looking at it from a driver's perspective :twisted: ) they don't injure you when you hit them, heck they don't usually even do that much damage to your car! And unless *you* are unlucky enough to have one die on you you seldom get any more than a small fine for "fail to give way" or "unsafe lane change", even if they are severely injured. Heck, even if they do die the punishment is still often minimal. And the upside of not giving a toss about cyclists doesn't end there, the best thing of all is that you never really need to feel guilty either. No matter how much harm you cause or how negligent you were, deep down inside you know that it can never really be your fault, because after all, the whole thing never would have happened if they weren't there.

Ok that was obviously some serious devil advocate going on there, but I'm convinced that at least some of the reasons listed above are why so many drivers in Australia seem to be hopeless at noticing cyclists. Look at many of the unnecessary unsafe passes and cutting off or failing to give way instances in the MM thread and you can be sure that these are just as often a failure to give a stuff as they are a failure to see.

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Re: 2016 Cycling fatalities (vale Gabriele Schiller-Brett)

Postby Thoglette » Thu Feb 01, 2018 7:34 pm

redsonic wrote:The suspect has been charged: http://www.abc.net.au/news/2016-03-30/m ... ad/7283734
He was charged with failing to offer assistance after a traffic incident causing bodily harm or death, and failing to report the incident to police.
Let's hope they have enough evidence to piece together the collision and charge the driver for the actual killing if he is at fault (which seems likely from the fact that he didn't stop).
He's going for mental impairment due to diabetes, which begs the question of why he was still driving at all.
Driver accused of Halls Head cyclist's death has no memory of collision, court hears
Joanna Menagh, ABC wrote: An elderly driver was in "an automatic state" and not doing "a willed act" when he hit and killed a cyclist in Halls Head, a Perth court has been told.
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Re: 2016 Cycling fatalities

Postby redsonic » Thu Feb 01, 2018 9:42 pm

From the article you linked to TG:
He said Mr Osman had been a diabetic for many years and people who suffer that condition sometimes had a hypoglycaemic episode when their blood sugar drops to dangerously low levels.

"It affects a person's ability to control their actions. It can result in an automatic state where their mind is not connected to their body," Mr Vandongen said.
After mowing Gabrielle down, Mr Osman spent 90mins in the Library, in his state of dangerous hypoglycaemia :roll:

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Re: 2016 Cycling fatalities

Postby Mulger bill » Thu Feb 01, 2018 10:01 pm

redsonic wrote:From the article you linked to TG:
He said Mr Osman had been a diabetic for many years and people who suffer that condition sometimes had a hypoglycaemic episode when their blood sugar drops to dangerously low levels.

"It affects a person's ability to control their actions. It can result in an automatic state where their mind is not connected to their body," Mr Vandongen said.
After mowing Gabrielle down, Mr Osman spent 90mins in the Library, in his state of dangerous hypoglycaemia :roll:
Lawyers...

Even if he gets off (how does even the most insensible not notice something dragging UNDER their car), hizzoner better do the right thing and mark his card as "never to drive again"
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
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StevOz
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Re: 2016 Cycling fatalities

Postby StevOz » Thu Feb 01, 2018 10:32 pm

http://mobile.abc.net.au/news/2018-02-0 ... ad/9384602

If said driver has such a medical condition why was their license not revoked before?

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Re: 2016 Cycling fatalities

Postby antigee » Fri Mar 09, 2018 11:56 am

found not guilty

http://www.abc.net.au/news/2018-02-08/k ... tt/9410820

I'm a pom so no idea on the nuances of WA licensing but in UK would be asked to voluntarily hand in license (no crime so voluntary it is) then would get a letter from Doc' saying is taking Med's / Condition under control and get license back :-(

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Re: 2016 Cycling fatalities

Postby AdelaidePeter » Fri Mar 09, 2018 12:27 pm

Even granted that his blood sugar levels were low, how could he have not known that? Yes spending 1.5 hours at a library is unusual behaviour for a person after knowingly doing a hit-run, but it sounds even more unusual behaviour for a person having a medical episode.

At the very least he has zero idea how to manage his condition and he was grossly negligent getting behind the wheel in the first place (ARR 297).

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