Man of "good character" given 4 years (min) for deliberately murdering cyclist.

[uart]

The remorseless driver who tried to run down one cyclist, chasing him onto the footpath while yelling that he was going to kill him (cyclist only escaped by hiding behind power pole), and then a short time later found another cyclist and deliberately killed him, was described in court as being of good character when given a minimum 4 year sentence.

The driver who killed 42-year-old cyclist Stephen Small at Doonan last year and tried to run down another cyclist at Noosaville will spend at least the next two years and nine months in jail.

https://www.sunshinecoastdaily.com.au/n ... a/3194886/

[biker jk]

If that's not murder then what is?

[uart]

If that's not murder then what is?

Yep. Apparently in Australia you can chase after a cyclist in a car or truck yelling "I'm going to kill you" and it's still just an accident when you run one down and do exactly what you were threatening. Unbelievable!

[Trevtassie]

Such !! BAN ME NOW FOR SWEARING !!, the guy is a pyscho and should be locked up and the key thrown away.

[g-boaf]

Totally wrong. But I guess that says it all really - where is the justice.

If you'd threatened law enforcement in this manner, you'd be in extreme trouble, or maybe even shot dead. But he gets away with hardly anything, and his resolve will be strengthened to do it again probably.

[Leaf T]

Absurd. The man is a murderous nut job. It's unbelievable.

[Thoglette]

Totally wrong. But I guess that says it all really - where is the justice.

Did you read the article or just the headline above? The Judge got it.

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.

The maximum sentences for the charge laid is 14 years. I don't know if he got 9 for pleading guilty.

IANL and I don't know the specifics of the case but I would imagine that mens rea for a murder charge would have been difficult to prove v.s. the guilty plea (albeit a year later). Manslaughter does carry the option of life imprisonment but sentencing can be all over the place and is likely to result in appeals.

I also note that Qld law appears to specifically exclude dangerous driving causing death. Any QLD legal types care to comment on the general principles?

Wilcox likely has grounds to go after MacDonald in a civil suite when he gets out, presuming he's got any capacity to pay up.

[AUbicycles]

Ignore the 'good character' reference because it is a statement by the defending attorney.

In the tragedy, the sentence feels insufficient with respect to the value of life and the intent to harm and kill.

I would like to hear opinions on whether the circumstances (ie. bike riding) has affected the severity of the punishment and would a harsher sentence be passed in a difference scenario.

[uart]

Did you read the article or just the headline above? The Judge got it.

"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.

Except that in reality it was way more than just dangerous driving, it was outright murder. Sure murder might have been a bit harder to prove, but it still should have been at minimum the very worst category of manslaughter (with aggravating circumstances). The 4 year minimum is a joke!

[Usernoname]

We have a legal system, not a Justice system (as in the movies The Star Chamber
1983 ‧ Thriller/Drama ‧ 1h 49m).
Yes it appears murder and should be treated as such, but I don't think 9 years inside is going to made much difference to 4. He'll come out with all the baggage of conviction and either re offend and go back in or not. Would be safer on the streets for longer, but someone still would pay the price on his release if he goes that way.

[madmacca]

If that's not murder then what is?

Yep. Apparently in Australia you can chase after a cyclist in a car or truck yelling "I'm going to kill you" and it's still just an accident when you run one down and do exactly what you were threatening. Unbelievable!

The article identifies the passenger as the one who yelled the threat, not the driver.

That said, I would have liked to have seen a murder/manslaughter charge at least put to a jury for them to make their minds up on. Perhaps that was taken off the table by the prosecution in return for a gulity plea?

[uart]

The article identifies the passenger as the one who yelled the threat, not the driver.

Thanks madmacca, I missed that detail.

Still, the fact that he had chased another random cyclist and tried to kill him less than 30 minutes prior should have been enough to establish intent. This A-Hole was out to kill a cyclist, any cyclist, it is that plain and simple.

[trailgumby]

The article identifies the passenger as the one who yelled the threat, not the driver.

Thanks madmacca, I missed that detail.

Still, the fact that he had chased another random cyclist and tried to kill him less than 30 minutes prior should have been enough to establish intent. This A-Hole was out to kill a cyclist, any cyclist, it is that plain and simple.

Likely off their heads on meth.

[TheWall]

With some local knowledge of the people here...people who do this £%#*|fail to realise the cost to their own families. Self employed guy with very young kids is now in jail (agree not long enough but this is a small community up here who won't forget this).

For me the real failure here is the passenger...virtually scott free.

[Mulger bill]

For me the real failure here is the passenger...virtually scot free.

Yarp, almost certainly there was much egging on involved...

[uart]

My real problem with the sentencing is that it's much more in line with an accident than a deliberate killing.

There are people in jail for accidental killings and without the use of a deadly weapon (like one punch assaults for example) that are serving longer sentences.

Even accidents with that level of negligence and drugs/alcohol involved can get longer sentences. Say you were off your head on ice and street racing or road raging at ridiculous speed (in a car) when you killed a kid on a pedestrian crossing. Yes that's about as bad/culpable as it gets as far as accidents go, but it's still an accident. It would probably attract a similar or even longer sentence than this deliberate killing!

[defy1]

Australian law is seriously a joke..

[ColinOldnCranky]

Wow. I can't see ANY redeeming points to this jerk and his actions. 4 years? Seriously?

[ColinOldnCranky]

What is it about Queensland courts? I'm expecting soon to see them handing out public service awards for killing cyclists.

[cp123]

go to the daily terrorgraph newspaper and search his name. there was an article there yesterday that linked his prior driving form. he has a rap sheet of at least a dozen offences - speeding, DUI, drugs, blahdey blahdey blah.


while he might be a good character (snort....), he can't drive for poop.

[BJL]

go to the daily terrorgraph newspaper and search his name. there was an article there yesterday that linked his prior driving form. he has a rap sheet of at least a dozen offences - speeding, DUI, drugs, blahdey blahdey blah.


while he might be a good character (snort....), he can't drive for poop.

So in other words, he didn't really go to jail for killing the cyclist. It was for all the previous stuff and this was just the final straw so to speak. A cyclist hater who deliberately kills a cyclist, who has an otherwise clean record would have probably walked away.

[ColinOldnCranky]

go to the daily terrorgraph newspaper and search his name. there was an article there yesterday that linked his prior driving form. he has a rap sheet of at least a dozen offences - speeding, DUI, drugs, blahdey blahdey blah.


while he might be a good character (snort....), he can't drive for poop.

Care to give us a link? I've drawn a blank.

[defy1]

Its funny how "justice" works in Australia, its almost as if depending the type of instrument used in the killing impacts the sentencing. If he had killed the cyclist say with a gun, knife, bomb or any device more in tune with crime and violence, I am positive he would have received a harsher sentence. But because it was caused with a mode of transportation its called an "accident", even though clearly he had intent to kill. Might as well go kill someone with a toaster, you can almost get away scott free.

[redsonic]

Its funny how "justice" works in Australia, its almost as if depending the type of instrument used in the killing impacts the sentencing. If he had killed the cyclist say with a gun, knife, bomb or any device more in tune with crime and violence, I am positive he would have received a harsher sentence. But because it was caused with a mode of transportation its called an "accident", even though clearly he had intent to kill. Might as well go kill someone with a toaster, you can almost get away scott free.

This.
I wonder if society's attitude about vehicles as weapons will change with the increasing number of incidents where terrorists or crazies drive deliberately into pedestrians. It may be enough to jump the mental block people seem to have re deliberate use of a vehicle to harm.

[BJL]

Its funny how "justice" works in Australia, its almost as if depending the type of instrument used in the killing impacts the sentencing. If he had killed the cyclist say with a gun, knife, bomb or any device more in tune with crime and violence, I am positive he would have received a harsher sentence. But because it was caused with a mode of transportation its called an "accident", even though clearly he had intent to kill. Might as well go kill someone with a toaster, you can almost get away scott free.

This.
I wonder if society's attitude about vehicles as weapons will change with the increasing number of incidents where terrorists or crazies drive deliberately into pedestrians. It may be enough to jump the mental block people seem to have re deliberate use of a vehicle to harm.

What's even more bemusing is the number of cyclists who refuse to retaliate against motorists after having their very life put at risk for fear of upsetting them. I bet cyclists wouldn't be so forgiving if someone had pointed a gun to their head or held a knife to their throat. But a motor vehicle? 'Oh no, you can't retaliate, it will just make them hate us even more'. Screw that. If someone idiot puts my LIFE at risk, then they had better hope I don't catch up with them.

Cyclists in this country should be getting more angry and more organized. If I had my way, every time a cyclist is killed because of a motorist, major intersections in all capital cities would be blocked by cyclists for one hour at 5:00pm on the following Friday afternoon. Anything less is a pointless exercise. You may as well go invent a hashtag or something.