Australian Magistrates go lightly on drivers who kill
Takver | 05.11.2004 12:52
Fifty motorcyclists gathered outside the State Magistratec Court at 4pm, 3 November 2004. The gathering was a protest against the ruling by Magistrate Ian Gray to allow a woman accused of killing a motorcyclist while driving drunk, to be allowed to drive a car to and from work. The woman had left the scene in a car splattered with blood and pieces of flesh. Her lawyer successfully argued in court she needed her licence for her job as a sales representative.
Protest Bikes 1
Protest Bikes 1
Protest Bikes 1
The case was heard briefly at the Melbourne Magistrate's Court on 25rd October. Melanie Louise Edwards, 27, was charged with culpable driving, drink driving, failure to stop and failure to render assistance. Police initially made it a condition of Ms Edwards' bail that she not drive, but magistrate Ian Gray varied the order, when told Ms Edwards was a sales assistant and needed her car two days a week for work purposes.
http://www.vmu.org.au/content/view/25/
In protest against this leniency of the court, the Victorian Motorcyclists Union organized a ‘Ride for Justice’ at 4pm meeting outside the Magistrates Court in William Street, followed by a mass ride to Spring Street at 5pm.
The VMU had extended an invitation to anyone who felt concerned about the ‘general issue’ to join the ride. VMU Media Spokesperson Alex Money said "We will find them a seat on one of the bikes if they want to come along,". An invitation was extended to other Unions and organizations such as Bicycle Victoria to support the ride.
http://www.vmu.org.au/content/view/27/2/
One cyclist attended in support of the protest. Cyclists still talk about Silvia Nicole Ciach, 24, of Curlewis near Geelong, who killed a cyclist on the Port Arlington Road on December 30, 2001, while trying to send an SMS message. In November 2003 her case was heard and Judge Cohen suspended Ciach's two-year jail sentence for three years. No loss of licence. Just a suspended sentence.
http://www.theage.com.au/articles/2003/11/10/1068329487085.html?from=storyrhs
Bicycle Victoria says: "At the moment the points and fines for hand held mobile phone use in Victoria are as strong as any in Australia but they are still out of whack. The current penalty for hand held mobile phone use is 3 demerit points – the same as being 15kmh over the speed limit. The fine is $135 – less than running a red light." The cyclists organisation has also called for "the introduction of public reporting of handheld mobile phone use while driving and an increase in penalties in line with the culpability of the act (equivalent to driving drunk – minimum 10 demerit points and $300 fine)"
A new dangerous driving law was introduced on 2nd June 04. A new offence of dangerous driving causing death will be punishable by five years jail and 18 months loss of licence.
http://tinyurl.com/3vppm
But changing the law will lead nowhere if magistrates discount the priviledge of a vehicle licence. It is not a licence to kill, it is a licence to control a deadly piece of equipment. Magistrates have failed to use the deterence value of sentencing in cases involving misuse of a car to kill or injure another person. Licences to drive motor vehicles are a priviledge. When someone abuses that priviledge through drink driving, using a hand held mobile, sleep deprivation, or other irresponsible actions involving being in charge of an automobile, that priviledge should be immediately withdrawn.
http://www.vmu.org.au/content/view/25/ In protest against this leniency of the court, the Victorian Motorcyclists Union organized a ‘Ride for Justice’ at 4pm meeting outside the Magistrates Court in William Street, followed by a mass ride to Spring Street at 5pm.
The VMU had extended an invitation to anyone who felt concerned about the ‘general issue’ to join the ride. VMU Media Spokesperson Alex Money said "We will find them a seat on one of the bikes if they want to come along,". An invitation was extended to other Unions and organizations such as Bicycle Victoria to support the ride.
http://www.vmu.org.au/content/view/27/2/ One cyclist attended in support of the protest. Cyclists still talk about Silvia Nicole Ciach, 24, of Curlewis near Geelong, who killed a cyclist on the Port Arlington Road on December 30, 2001, while trying to send an SMS message. In November 2003 her case was heard and Judge Cohen suspended Ciach's two-year jail sentence for three years. No loss of licence. Just a suspended sentence.
http://www.theage.com.au/articles/2003/11/10/1068329487085.html?from=storyrhs Bicycle Victoria says: "At the moment the points and fines for hand held mobile phone use in Victoria are as strong as any in Australia but they are still out of whack. The current penalty for hand held mobile phone use is 3 demerit points – the same as being 15kmh over the speed limit. The fine is $135 – less than running a red light." The cyclists organisation has also called for "the introduction of public reporting of handheld mobile phone use while driving and an increase in penalties in line with the culpability of the act (equivalent to driving drunk – minimum 10 demerit points and $300 fine)"
A new dangerous driving law was introduced on 2nd June 04. A new offence of dangerous driving causing death will be punishable by five years jail and 18 months loss of licence.
http://tinyurl.com/3vppm But changing the law will lead nowhere if magistrates discount the priviledge of a vehicle licence. It is not a licence to kill, it is a licence to control a deadly piece of equipment. Magistrates have failed to use the deterence value of sentencing in cases involving misuse of a car to kill or injure another person. Licences to drive motor vehicles are a priviledge. When someone abuses that priviledge through drink driving, using a hand held mobile, sleep deprivation, or other irresponsible actions involving being in charge of an automobile, that priviledge should be immediately withdrawn.
Takver