Two court case outcomes today.

To be sentanced today
http://www.abc.net.au/news/stories/2...site=illawarra

18 months for hit and run (9months minimum)
http://www.news.com.au/heraldsun/sto...005961,00.html

PiledHigher Wrote:
To be sentanced today
http://tinyurl.com/yto754

18 months for hit and run (9months minimum)
http://tinyurl.com/2hvg8sThe sentence of Plumpton is similar to the original sentence of Paul
David Vance in Qld who killed Allan Scott in a hit run. That was
appealed by the Qld DPP and came before the court on 24/7. Appellant
asserted a custodial sentence of 18 months on precedent was at the
bottom of the range. They are asking for 3 1/2 years. The CA decision
is still to be handed down.

This sentence of Plumpton on the Vance comparison is light/lenient and
suggests if the Qld Court of Appeal overturns the earlier sentence in
Vance, an appeal should be forthcoming in Victoria on the grounds this
sentence against Plumpton is inadequate.

I have not heard comment from the family and/or their representatives
after this decision was given. The Victorian DPP must be considering
its position. Plumpton must be hoping no one will upset the verdict. It
would, on the basis of Vance be foolish for Plumpton to even hint an
appeal on severity.

Nine months custodial with remaining 9 months suspended is in line with
the thesis of 'Voelcker' (http://www.jake-v.co.uk/content/cycling.php)
who states vulnerable road user deaths are considered too lightly by
the courts and when circumstances of gross culpability exist even
farcical outcomes emanate from the courts.


--
rooman

On Aug 3, 7:57 pm, rooman rooman.2uq...@no-
mx.forums.cyclingforums.com wrote:
PiledHigher Wrote: To be sentanced today
http://tinyurl.com/yto754

18 months for hit and run (9months minimum)
http://tinyurl.com/2hvg8sThesentence of Plumpton is similar to the original sentence of Paul

Interesting. Vance was dog-tired (near-comatose) and hit Allan Scott
in the dark at 5am. He said he did not know he hit a person, but
thought it was something else (roo, barrier, who knows, he was fast
asleep). Mr Plumpton seems to have known it and attempted to escape,
had a couple more charges stick, yet only got three months more.
Sheesh! I think your beak needs a good talking to.

On Aug 3, 2:57 am, rooman rooman.2uq...@no-
mx.forums.cyclingforums.com wrote:
PiledHigher Wrote: To be sentanced today
http://tinyurl.com/yto754

18 months for hit and run (9months minimum)
http://tinyurl.com/2hvg8sThesentence of Plumpton is similar to the original sentence of Paul

David Vance in Qld who killed Allan Scott in a hit run.

all you little boys should learn how to ride a bike
and then you won't be DOA - sentence should be
your not G AND YOUR FREE TO GO.

http://www.illawarramercury.com.au/a...648151080.html

Weekend jail for fatal crash
By PAUL McINERNEY
August 4, 2007

BARRACK Heights driver Kane Paul Ingram was sentenced to weekend jail
for a minimum 15 months yesterday, after a judge agreed glare had
played a significant factor in an accident which fatally injured a
cyclist.
Wollongong District Court Judge Paul Conlon said he had viewed a
police video taken at the scene the day after the accident many times,
and it was apparent to him the early morning sun would have been
shining in Ingram's eyes.
He said there was insufficient evidence to show if Ingram had cut the
corner when he turned his vehicle right from the Princes Hwy into
O'Donnell Dr, Figtree, and hit cyclist Robert Cutler.
Ingram, a 24-year-old mineworker, had pleaded guilty to dangerous
driving causing Mr Cutler's death on May 29, 2005.
The court had heard Ingram had left his car in the Mt Kembla Hotel car
park before heading out for a night of drinking with friends, but
returned early the following day to pick it up.


http://www.illawarramercury.com.au/a...648062480.html
Drunk driver sorry
By PAUL McINERNEY
August 3, 2007

KANE Paul Ingram had intended to sleep in after a big night out
drinking with friends.
Instead, the young P-plate driver accepted an offer of an early
morning lift to his car, which had been left at the Mt Kembla Hotel.
Minutes after collecting it, he failed to see cyclist Robert Cutler,
55, and a companion riding south as he turned right from the Princes
Hwy at Figtree into O'Donnell Ave.
Mr Cutler bounced off the windscreen and died at the scene from
massive head injuries, despite his helmet.
At Wollongong Police Station, Ingram's breath analysis returned a
middle range reading of 0.115.

On Aug 3, 5:58 am, PiledHigher wrote:
To be sentanced todayhttp://www.abc.net.au/news/stories/2007/08/03/1995723.htm?site=illawarra

18 months for hit and run (9months minimum)http://www.news.com.au/heraldsun/sto...005961,00.html

That is freaking sickening. H&R gets 9 months 'cos his mates say he's
a nice guy. I'm fired up enough to shoot off a letter..but to whom...

On Aug 5, 7:51 pm, rmr wrote:
On Aug 3, 5:58 am, PiledHigher wrote:

To be sentanced todayhttp://www.abc.net.au/news/stories/2007/08/03/1995723.htm?site=illawarra

18 months for hit and run (9months minimum)http://www.news.com.au/heraldsun/sto...005961,00.html

That is freaking sickening. H&R gets 9 months 'cos his mates say he's
a nice guy. I'm fired up enough to shoot off a letter..but to whom...

To the Attorney General. Ask him/her if he's appealing and ask for a
response.
A letter to anyone else is pretty much blowing off hot air.

Donga

Donga Wrote:


To the Attorney General. Ask him/her if he's appealing and ask for a
response.
A letter to anyone else is pretty much blowing off hot air.


Should have the coroners report up on WoJ soon, gotta sift through a
mountain of stuff. start self pitying whinge Sheesh I really should
cease dumping files onto desktop. lazy lazy lazy ... /end whinge

BTW - handed out most of those pins yet?


--
cfsmtb

On Aug 5, 11:19 pm, cfsmtb cfsmtb.2uu...@no-
mx.forums.cyclingforums.com wrote:
Donga Wrote:



To the Attorney General. Ask him/her if he's appealing and ask for a
response.
A letter to anyone else is pretty much blowing off hot air.

Should have the coroners report up on WoJ soon, gotta sift through a
mountain of stuff. start self pitying whinge Sheesh I really should
cease dumping files onto desktop. lazy lazy lazy ... /end whinge

BTW - handed out most of those pins yet?

--
cfsmtb

My kids saw free stuff and gleefully knocked off one of each colour!
I'm selecting my giftees very carefully with the few remaining. My
pink one is working nicely as a tie pin. Thanks!

On 2007-08-04, (aka Bruce)
was almost, but not quite, entirely unlike tea:
http://www.illawarramercury.com.au/a...648151080.html

Weekend jail for fatal crash
By PAUL McINERNEY
August 4, 2007

BARRACK Heights driver Kane Paul Ingram was sentenced to weekend jail
for a minimum 15 months yesterday, after a judge agreed glare had
played a significant factor in an accident which fatally injured a
cyclist.
Wollongong District Court Judge Paul Conlon said he had viewed a
police video taken at the scene the day after the accident many times,
and it was apparent to him the early morning sun would have been
shining in Ingram's eyes.

How the ****ing **** should that /EVER/ be a ****ing excuse?!?

When I am working nights, I have a long drive to the observatory,
almost by definition, heading into the setting sun. I drive slowly
when necessary. I have been known to slam on the brakes down to
30km/h when I get a bit of unexpected glare poking through the
mountains, and can't gaurantee that the way forward is devoid of
cyclists, pedestrians or kangaroos.

Why the **** should anyone be able to get away with doing anything
else?

He said there was insufficient evidence to show if Ingram had cut the
corner when he turned his vehicle right from the Princes Hwy into
O'Donnell Dr, Figtree, and hit cyclist Robert Cutler.
Ingram, a 24-year-old mineworker, had pleaded guilty to dangerous
driving causing Mr Cutler's death on May 29, 2005.
The court had heard Ingram had left his car in the Mt Kembla Hotel car
park before heading out for a night of drinking with friends, but
returned early the following day to pick it up.


http://www.illawarramercury.com.au/a...648062480.html
Drunk driver sorry
By PAUL McINERNEY
August 3, 2007

KANE Paul Ingram had intended to sleep in after a big night out
drinking with friends.
Instead, the young P-plate driver accepted an offer of an early
morning lift to his car, which had been left at the Mt Kembla Hotel.
Minutes after collecting it, he failed to see cyclist Robert Cutler,
55, and a companion riding south as he turned right from the Princes
Hwy at Figtree into O'Donnell Ave.
Mr Cutler bounced off the windscreen and died at the scene from
massive head injuries, despite his helmet.
At Wollongong Police Station, Ingram's breath analysis returned a
middle range reading of 0.115.

That's all just complete bull****.

--
TimC
You're trying to trick me into being intelligent. It won't work.
-- David P. Murphy in ASR