2011 Cyclist fatalities

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KonaCommuter
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Re: 2011 Cyclist fatalities

Postby KonaCommuter » Fri Dec 23, 2011 6:25 pm

http://www.heraldsun.com.au/news/more-n ... 6229293861
Hit-run driver Daniel Veerman jailed for killing cyclist

A HIT-run driver who killed a cyclist and then torched his car to cover up the crime before launching himself on a crime spree has been jailed for between three and more than five years.

Daniel Veerman inexplicably drove across a dedicated bicycle lane on Mt Dandenong Rd, Ringwood East and ran over cyclist Keiran Bailey in March this year, sending the 44-year-old victim across the bonnet and roof of Veerman's sedan.

Stopping momentarily after the crash, Veerman then fled and set fire to his car at the carpark of Daisey's Hotel, 600m away, the County Court was told.

Mr Bailey's sister, Linda Ray, said the family was disappointed Veerman may have to serve just a three-year-minimum sentence for the death and it was unlikely he would serve the full five-year and three-month maximum.

"We are really disappointed, we know the maximum for that offence (dangerous driving causing death) was only 10 years, but it's never going to be enough," Ms Ray told the Herald Sun after the sentence.

Although there were no drug or alcohol tests because Veerman fled, Ms Ray said she believed Veerman's long-term drug abuse - as detailed in court - would have been a factor in the case.

Veerman, a marine science graduate, had turned to drugs and suffered mental health issues after a relationship breakdown, the court had heard.

At the time of impact Veerman was travelling an estimated 80km/h, 10km/h over the speed limit, the court heard.

Mr Bailey, 44, a psychiatric nurse, died of head injuries at the Alfred Hospital two days after the hit and run.

Defence lawyer Richard Edney said Veerman had no recollection of the crash or the crimes afterward, and his first memory was after being picked up by police in Geelong.

He said there was no evidence that drugs or alcohol were involved in the collision which occurred shortly after three lanes merged into two and shared the roadway with a designated bike lane.

Veerman reappeared in Sunbury the day after the crash and was picked up by police walking a highway but released after giving a false name, the court heard.

He then went on a 48-hour spree which included him stealing a car, attempting to steal another and carrying out petrol and cigarette thefts from Sunbury to Colac.

Judge Felicity Hampel last week sentenced Veerman, 33, who pleaded guilty to dangerous driving causing death, failure to render assistance and theft charges, to five years and three months jail with a non-parole period of three years.
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Re: 2011 Cyclist fatalities

Postby The 2nd Womble » Sat Dec 24, 2011 1:00 am

How can we expect society at large to value human life when the courts are busy discounting them? 3-5 years for ending another human beings existance is simply disgusting given the circumstances.
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Re: 2011 Cyclist fatalities

Postby jules21 » Sat Dec 24, 2011 10:59 am

if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.

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Re: 2011 Cyclist fatalities

Postby ruscook » Sat Dec 24, 2011 11:58 am

Oxford wrote:
jules21 wrote:if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.
generally that may seem like a good idea, but what say I flee. a confirmed non drinker, non smoker, non drug taker. how can it be justice that I am charged with these offenses?
+1 Oxford,

Additionally what is s the definition of flee? This starts to change our legal system from presumed innocent until proven guilty to prove yourself innocent - a very slippery slope.
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Re: 2011 Cyclist fatalities

Postby KonaCommuter » Sat Dec 24, 2011 12:58 pm

Oxford wrote:
jules21 wrote:if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.
generally that may seem like a good idea, but what say I flee. a confirmed non drinker, non smoker, non drug taker. how can it be justice that I am charged with these offenses?

How about the penalty for fleeing the scene of an accident exceed that of drink driving?
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Re: 2011 Cyclist fatalities

Postby The 2nd Womble » Sat Dec 24, 2011 1:16 pm

Oxford wrote:
jules21 wrote:if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.
generally that may seem like a good idea, but what say I flee. a confirmed non drinker, non smoker, non drug taker. how can it be justice that I am charged with these offenses?
Don't flee for starters. If you do you should be charged with animal cruelty and illegal jaywalking while they're at it.
Seriously, he should've been drug tested at the very least, and the Police let him go after giving a false name? Elephant, room, inside, much?
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2011 Cyclist fatalities

Postby im_no_pro » Sat Dec 24, 2011 3:34 pm

jules21 wrote:if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.
Couldnt disagree more sorry. You cant find someone guilty of something they might have done.
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Re: 2011 Cyclist fatalities

Postby jules21 » Sat Dec 24, 2011 3:40 pm

Oxford wrote:
jules21 wrote:if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.
generally that may seem like a good idea, but what say I flee. a confirmed non drinker, non smoker, non drug taker. how can it be justice that I am charged with these offenses?
well, to me, that would be like not bothering to turn up to an exam that everyone knows you would have aced, then arguing that it was unfair that you be failed for it. if someone flees the scene of an accident without justification, i don't see the justice in extending them any benefit of the doubt. in practice, they usually do it to avoid failing a drugs/alcohol test. also, you could still argue your circumstances in court.

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Re: 2011 Cyclist fatalities

Postby jules21 » Sat Dec 24, 2011 4:06 pm

im_no_pro wrote:
jules21 wrote:if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.
Couldnt disagree more sorry. You cant find someone guilty of something they might have done.
konacommuter put it better. it's so much about pretending that they did something they may not have, but just ensuring they don't get let off lightly for doing the wrong thing. same result though.

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Re: 2011 Cyclist fatalities

Postby Aushiker » Sat Dec 24, 2011 7:20 pm

im_no_pro wrote:
jules21 wrote:if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.
Couldnt disagree more sorry. You cant find someone guilty of something they might have done.
Well in WA if you refuse a blood test you are automatically assumed to be in excess of the limit and the relevant penalty applies. This is after blowing over the limit of course, so it is already a principle enshrined in law. Personally I have no issue with it.

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Re: 2011 Cyclist fatalities

Postby Aushiker » Sat Dec 24, 2011 7:21 pm

Oxford wrote:lets say an incident occurs, I stop for a moment, assess the situation, I determine its stable but I need to leave in order to get additional help and am not expecting any assistance to come by soon. but in the meantime unexpectedly others turn up and begin to render assistance. is that fleeing even if I return? there are so many shades of gray, its not black and white.
and thus the Courts will determine the veracity of your claim or otherwise.

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Re: 2011 Cyclist fatalities

Postby zero » Tue Dec 27, 2011 2:49 pm

ruscook wrote:
Oxford wrote:
jules21 wrote:if someone flees the scene of an accident, potentially with the intention of avoiding a drugs or alcohol test, they should be automatically deemed guilty of that offence and charged with culpable driving.
generally that may seem like a good idea, but what say I flee. a confirmed non drinker, non smoker, non drug taker. how can it be justice that I am charged with these offenses?
+1 Oxford,

Additionally what is s the definition of flee? This starts to change our legal system from presumed innocent until proven guilty to prove yourself innocent - a very slippery slope.
Driving a car is not a right - it is a privilege given to you under certain conditions, including presenting for tests, and rendering assistance. Imo an attempt to withhold evidence in any serious accident, potentially involving criminal actions, needs to treated as seriously as the crime itself.

3-5 for drug driving occasioning death + fail to assist + leave scene + destroy evidence is pathetic

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Re: 2011 Cyclist fatalities

Postby KonaCommuter » Thu Dec 29, 2011 8:55 pm

No more posts for this thread thanks
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[SA] Somerton Park, 42yo male, 26/12

Postby CommuRider » Sun Jan 01, 2012 12:06 pm

Sorry KC, the last one for SA if the press can be relied upon:

http://news.ninemsn.com.au/national/839 ... -day-crash
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[VIC] Inverloch, 5yo boy, 31/12

Postby CommuRider » Sun Jan 01, 2012 12:10 pm

Last one for the year but not officially 'recorded' in the road toll.
In another New Year's Eve incident, a five-year-old boy died after being struck by a four-wheel-drive while riding a bike in a caravan park, southeast of Melbourne. Police say the boy was hit by the Jeep Cherokee as he approached a T-intersection in the Inverloch caravan park, at about 6.30 (AEDT) last night. The 43-year-old female driver has been assisting police with their investigation. The accident isn't recorded in the road toll.
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