Trial begins for Queensland Truckie accused of killing cyclist

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Mulger bill
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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby Mulger bill » Mon Feb 05, 2018 9:47 pm

bychosis wrote:
human909 wrote:Anybody running such a defence should get an immediate licence suspension.
and car crushed.
And once they've dealt with the lawyer, repeat for the killer driver
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
London Boy 29/12/2011

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby redsonic » Mon Feb 05, 2018 9:52 pm

Report on Monday's court session. Covers the injuries sustained, so not for the squeamish:
https://www.warwickdailynews.com.au/new ... a/3327507/

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby BianchiCam » Tue Feb 06, 2018 2:09 pm

Reading the long list of injuries. I think the Dr dying was an act of mercy from HIM above.
Would you want to survive something as catastrophic as that?

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby redsonic » Tue Feb 06, 2018 8:51 pm


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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby Scott_C » Thu Feb 08, 2018 7:06 pm


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redsonic
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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby redsonic » Thu Feb 08, 2018 7:23 pm

Yes, apparently the elderly WA driver was having a hypoglycaemic episode behind the wheel, yet managed to spend 90 minutes in the library before going for some food. :roll:

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby CKinnard » Thu Feb 08, 2018 10:34 pm

I thought when an accused used the excuse 'I didn't see the cyclist/pedestrian/car', that they could be found guilty of careless driving (driving without due care).

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby Toyopet » Thu Feb 08, 2018 10:57 pm

The WA driver and his legal team may have learnt from Alan Bond (and others).

http://www.smh.com.au/national/total-un ... -h4zf.html

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby redsonic » Fri Feb 09, 2018 11:29 am

Warwick Daily News has a paywall up for me now, but a report from The Chronicle:
Defence gives reasons to find 'not guilty' as trial wraps up

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby Scott_C » Fri Feb 09, 2018 7:00 pm

Warwick Daily News is reporting a Guilty verdict for the truck driver on the lesser charge of dangerous operation of a vehicle causing death.

https://www.warwickdailynews.com.au/new ... t/3331269/

He has not yet been sentenced.

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby CKinnard » Fri Feb 09, 2018 7:06 pm

for those paywall blocked:
https://www.warwickdailynews.com.au/new ... t/3331269/

"A jury returned their verdict at Warwick District Court just minutes ago after deliberating for about three and a half hours.

They found Sleba, 47, not guilty of dangerous operation of a vehicle causing death before leaving the scene, but guilty of the alternate charge of dangerous operation of a vehicle causing death.

The jury concluded Sleba had struck and killed Dr Pearson, but was unaware he had done so.

Dr Pearson was participating in a long-distance cycling event on Anzac Day 2014 when Sleba hit him with his freightliner truck on Inglewood-Millmerran Rd.

Sleba pleaded not guilty to one count of dangerous operation of a vehicle causing death before leaving the scene when his trial commenced last Tuesday, January 30.

Dr Pearson's widow, a forensic pathologist, forensic investigator and sleep specialists were among the witnesses called to the stand during the two-week long trial.

A sentence has not yet been handed down to Sleba for the offence."

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby antigee » Fri Mar 09, 2018 11:50 am

not my patch but I wondered about outcome

sentencing not until mid May - but last line of this in trucking industry news feed says remanded in custody

https://www.bigrigs.com.au/news/communi ... e/3346439/

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby biker jk » Tue May 29, 2018 4:32 pm

A manifestly inadequate sentence.

Sleba was sentenced to three years' jail, suspended after 13 months, while he was disqualified from driving for two years.

https://www.areanews.com.au/story/54341 ... st-in-qld/

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby AdelaidePeter » Thu May 31, 2018 5:22 pm

biker jk wrote:A manifestly inadequate sentence.

Sleba was sentenced to three years' jail, suspended after 13 months, while he was disqualified from driving for two years.

https://www.areanews.com.au/story/54341 ... st-in-qld/
Disgraceful. Perhaps the biggest insult is he could be driving again in 2 years.

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby CKinnard » Thu May 31, 2018 6:08 pm

A stunning sentence, considering this guy also 'accidentally' shot his wife in the back at point blank range, killing her instantly.

I just cannot comprehend what has happened with the law recently. I've met three judges in my life. The three of them had serious personal and socialization 'issues' imho.

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby antigee » Thu May 31, 2018 7:26 pm

would be interesting to know what Sleba's 10 previous driving offences were - either so minor he'd forgotten or suspect more likely as seems to be seen time and time again repeat offenders eventually end up killing or seriously injuring people

edit should read "more than 10"

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby human909 » Fri Jun 01, 2018 9:42 am

AdelaidePeter wrote:Perhaps the biggest insult is he could be driving again in 2 years.
Agreed. Kill somebody due to incompetence, recklessness or negligence how can you justify giving them back their license so readily.

I never know how to feel regarding goal terms for non incompetence/recklessness/negligence. I don't see that it provides a whole lot of benefit to society to gaol an otherwise law abiding and productive member of society. And currently I would say that such gaol terms have pretty much ZERO deterrent effect on the actions of drivers.

Personally I would I'd be happy to see short goal terms if there is HEAVY safety advertisement around it. I want our roads to be safe but revenge for people's carelessness is down on my list.

If you think this sentence is inadequate look at the punishments for doorings resulting in death. Sometime results in not even a fine. Another time after the fines in VIC were increase it resulted in somebody getting a mere 2/3 of the maximum fine of $1500. It begs the question how many cyclists do you need to kill to get the maximum fine and why aren't stronger charges being applied for what is negligent manslaughter (or similar legal phrasing).

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby AdelaidePeter » Fri Jun 01, 2018 10:07 am

human909 wrote:
AdelaidePeter wrote:Perhaps the biggest insult is he could be driving again in 2 years.
Agreed. Kill somebody due to incompetence, recklessness or negligence how can you justify giving them back their license so readily.

I never know how to feel regarding goal terms for non incompetence/recklessness/negligence. I don't see that it provides a whole lot of benefit to society to gaol an otherwise law abiding and productive member of society. And currently I would say that such gaol terms have pretty much ZERO deterrent effect on the actions of drivers.

Personally I would I'd be happy to see short goal terms if there is HEAVY safety advertisement around it. I want our roads to be safe but revenge for people's carelessness is down on my list.

If you think this sentence is inadequate look at the punishments for doorings resulting in death. Sometime results in not even a fine. Another time after the fines in VIC were increase it resulted in somebody getting a mere 2/3 of the maximum fine of $1500. It begs the question how many cyclists do you need to kill to get the maximum fine and why aren't stronger charges being applied for what is negligent manslaughter (or similar legal phrasing).
Agreed. I have often wondered whether the sentences should solely be a massive fine and a very long (like 20 years or more) loss of license, and only going to gaol if they break those conditions and drive again. That would probably hurt more than a short gaol term, and would be less cost to society.

Here in SA it is possible to lose your license for at least 16 years: https://www.9news.com.au/national/2018/ ... l-sa-crash , though disappointingly that is reserved for only the most serious cases.

I'm not sure what the maximum is in Queensland, but I have just discovered that after 2 years you can apply to get it back anyway. In fact Queensland Legal Aid has a number of pages devoted to helping you do this: http://www.legalaid.qld.gov.au/Find-leg ... lification http://www.legalaid.qld.gov.au/Find-leg ... lification . Reading these pages made me quite angry.

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby Mulger bill » Sat Jun 02, 2018 8:27 pm

+ lots to the above
It's not just riders that are treated as second class citizens when the weapons of motorised destruction get wielded.

I lost colleagues and friends that day, other colleagues lost family :cry:
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
London Boy 29/12/2011

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Re: Trial begins for Queensland Truckie accused of killing cyclist

Postby human909 » Sat Jun 02, 2018 8:47 pm

Furious agreement with the above. Cyclists are just the current and most prominent lightning rod where the frustrations of motorists get directed.

We have built our cities and our societies around the motor vehicle and society is reaping what is sown. Cyclists might cop much more than their fair share but plenty of other road users (or even non road users as in above) bear the abuse, injury, deaths and trauma that results from having a society where half the people on the road are below average competence and intelligence. (A truism, but scary nevertheless.)

From top to bottom we have constructed our society around cars to the point where most politicians and magistrates can't imagine living without a car. The way we build our cities is as much the problem as the people behind the wheel. Most people just conform to what is around them. Plenty of dutch people I've met in Australia approach transport no differently from the average Australian.


I'm certainly contrarian and far less conformist than most. Though my current working commute distance is above average and completely by motor vehicle. I pretty much HAVE to drive if I want this job and live in this location. But I'm going to change the former sometime in the near future. **Like I've argued before everybody has a choice. My current choices mean I'm a cage driving commuter. :oops:


As far as punishments go. I'm happy with less or even no goal time for otherwise law abiding citizens. But I see no reason why they don't have to pay their penance through losing the right to drive a motor vehicle and other community service type punishments.

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