Strict Liability - Examples of why it should be introduced

[find_bruce]

I was looking to see if there was any further developments in this case. It appears that the driver did give evidence see man denies lying about pedestrian accident however I can find no reports as to his cross examination by the Crown, nor anything that occured on the second day of the hearing, 5 June.

The driver has finally been found guilty
Only 20 months after the crash, 5 months after the hearing.

Sentencing in January

[greyhoundtom]

I find extremely disheartening that cyclist advocacy groups are not pushing harder, and doing more to protect vulnerable cyclists on Australia’s roads.

To bloody busy organising expensive “fun rides” to increase their income.

[The 2nd Womble]

I find extremely disheartening that cyclist advocacy groups are not pushing harder, and doing more to protect vulnerable cyclists on Australia’s roads.

To bloody busy organising expensive “fun rides” to increase their income.

Gee. Somebody on here noticed???

[find_bruce]

No-one can complain that the wheels of justice turn too quickly.

• On 14 March 2011 Mrs Emma De Silva who was pushing her 19 day old daughter Eloise in a pram on the footpath along the Princess Highway at St Peters when she was run down by a car.
• In June 2012 the evidence was heard.
• In November 2012 the driver Bruce Wayland was found guilty of negligent driving causing grievous bodily harm.

On 17 February Magistrate Graeme Curran disqualified Bryce Wayland from driving for 15 months and sentenced him to all of 50 hours of community service see SMH article

Magistrate Curran said he accepted Wayland's claim that his pedal had become jammed, but he had plenty of time to stop before the accident if he used the brakes instead of trying to free the accelerator.
"Behaving as a reasonably prudent driver, he should have applied the brakes," he said.
Magistrate Curran said the evidence showed Wayland was about 70m from the crash site when his pedal got stuck and would have been able to stop the car in around half that distance.

15 months disqualification seems like a long time, unless you understand that the penalties for "negligent driving causing grievous bodily harm" are, for a first offence, a minimum disqualification of 12 months, there is no maximum disqualification period and the disqualification in the absence of a specific court order is 3 years.

Mrs De Silva did not get off so lightly - she was in a coma for two months, a further year at Royal Rehabilitation Hospital in Ryde, has brain damage and can no longer walk without assistance.

[human909]

Accepting the "floor mat" stuck the accelerator excuse seems absurd. This guy should get charged for the crime he committed. His clear negligence maimed [EDITED] somebody.

If you cannot control your vehicle in a rational and sensible manner then you shouldn't be driving one. I have had a "stuck" accelerator before that relined the vehicle. It was a company vehicle where the battery moved impacting the accelerator cable.


Personally I am sick of the 5+ years for somebody who is 0.08 on alcohol killing somebody yet the 0 years for somebody who is sober. If your incompetence kills somebody you should be held criminal liable.

[find_bruce]

I am not sure at what point you stopped reading & started writing but just to clarify

(1) nobody was killed

(2) the driver was found guilty of a criminal offence "negligent driving causing grievous bodily harm"

I do agree the sentence is light both in terms of 6 days community service & the short period of disqualification.

As far as I can see at no time prior to his conviction has he expressed anything like remorse or an acceptance that it was his failure to brake that caused the collision.