OV9

I do wonder sometimes how they come to the sentencing that they do. 9 and 10mo suspended? Yet that guy last week that hit the motorcyclist gets 18mo inside?

Swervin_Mervin wrote: Thu Jan 16, 2020 1:45 pm I do wonder sometimes how they come to the sentencing that they do. 9 and 10mo suspended? Yet that guy last week that hit the motorcyclist gets 18mo inside?

Was that the guy Driving the Subaru?

Could be that this pair just hit each other and they were both racing so therefore complicit, where the Subaru driver collected and badly injured an innocent party?

drcarlos wrote: Thu Jan 16, 2020 2:06 pm

Swervin_Mervin wrote: Thu Jan 16, 2020 1:45 pm I do wonder sometimes how they come to the sentencing that they do. 9 and 10mo suspended? Yet that guy last week that hit the motorcyclist gets 18mo inside?

Was that the guy Driving the Subaru?

Could be that this pair just hit each other and they were both racing so therefore complicit, where the Subaru driver collected and badly injured an innocent party?

There's the clear difference of hitting an innocent 3rd party. But mis-judgement whilst driving within the speed limit on a rural road vs. driving out and out like total cnuts well in excess of the speed limit on urban roads? I appreciate there's a fine line between a mis-judgement and driving like a cnut but surely not as much as 10mo suspended vs 18mo inside?

Could also be their insurance was declined when it turned out they were racing which ‘contributes to the punishment’.

I wonder why flees a crash like that then turns themselves in later. It couldn’t possibly be because they’re drinking or on something else could it...

Swervin_Mervin wrote: Thu Jan 16, 2020 2:27 pm

drcarlos wrote: Thu Jan 16, 2020 2:06 pm

Swervin_Mervin wrote: Thu Jan 16, 2020 1:45 pm I do wonder sometimes how they come to the sentencing that they do. 9 and 10mo suspended? Yet that guy last week that hit the motorcyclist gets 18mo inside?

Was that the guy Driving the Subaru?

Could be that this pair just hit each other and they were both racing so therefore complicit, where the Subaru driver collected and badly injured an innocent party?

There's the clear difference of hitting an innocent 3rd party. But mis-judgement whilst driving within the speed limit on a rural road vs. driving out and out like total cnuts well in excess of the speed limit on urban roads? I appreciate there's a fine line between a mis-judgement and driving like a cnut but surely not as much as 10mo suspended vs 18mo inside?

I did watch the video of the Subaru (biker did epically well to almost stop lowering the impact speed before he was collected) and he appeared to be on a group drive, which probably got dumbed down to 'racing', even though it was just a spirited drive.

Swervin_Mervin wrote: Thu Jan 16, 2020 1:45 pm I do wonder sometimes how they come to the sentencing that they do. 9 and 10mo suspended? Yet that guy last week that hit the motorcyclist gets 18mo inside?

Money buys you many things, not just nice cars.

drcarlos wrote: Thu Jan 16, 2020 3:06 pm

Swervin_Mervin wrote: Thu Jan 16, 2020 2:27 pm

drcarlos wrote: Thu Jan 16, 2020 2:06 pm

Was that the guy Driving the Subaru?

Could be that this pair just hit each other and they were both racing so therefore complicit, where the Subaru driver collected and badly injured an innocent party?

There's the clear difference of hitting an innocent 3rd party. But mis-judgement whilst driving within the speed limit on a rural road vs. driving out and out like total cnuts well in excess of the speed limit on urban roads? I appreciate there's a fine line between a mis-judgement and driving like a cnut but surely not as much as 10mo suspended vs 18mo inside?

I did watch the video of the Subaru (biker did epically well to almost stop lowering the impact speed before he was collected) and he appeared to be on a group drive, which probably got dumbed down to 'racing', even though it was just a spirited drive.

The video shows his GPS speed as 66mph (Subaru) he then for some reason just doesnt turn the corner. I suspect there was something more to the case like he was using a phone or other distraction.

scotta wrote: Thu Jan 16, 2020 3:26 pm

drcarlos wrote: Thu Jan 16, 2020 3:06 pm

Swervin_Mervin wrote: Thu Jan 16, 2020 2:27 pm

There's the clear difference of hitting an innocent 3rd party. But mis-judgement whilst driving within the speed limit on a rural road vs. driving out and out like total cnuts well in excess of the speed limit on urban roads? I appreciate there's a fine line between a mis-judgement and driving like a cnut but surely not as much as 10mo suspended vs 18mo inside?

I did watch the video of the Subaru (biker did epically well to almost stop lowering the impact speed before he was collected) and he appeared to be on a group drive, which probably got dumbed down to 'racing', even though it was just a spirited drive.

The video shows his GPS speed as 66mph (Subaru) he then for some reason just doesnt turn the corner. I suspect there was something more to the case like he was using a phone or other distraction.

Didn’t see that when I played it in the little window on Facebook on my phone. What was the limit on the road nsl?

The Subaru driver caused life changing injuries, Hartley did not.

NotoriousREV wrote: Thu Jan 16, 2020 7:38 pm The Subaru driver caused life changing injuries, Hartley did not.

That's pot luck though.

Swervin_Mervin wrote: Thu Jan 16, 2020 11:41 pm

NotoriousREV wrote: Thu Jan 16, 2020 7:38 pm The Subaru driver caused life changing injuries, Hartley did not.

That's pot luck though.

if there’s been a line of school children waiting for a bus that all got accidentally wiped out that would have been pot luck too - I’d still expect it to be taken into account and the punishment increased.

Swervin_Mervin wrote: Thu Jan 16, 2020 11:41 pm

NotoriousREV wrote: Thu Jan 16, 2020 7:38 pm The Subaru driver caused life changing injuries, Hartley did not.

That's pot luck though.

You’re sentenced based on what you did, not what could’ve been.

Which is exactly what I'm questioning. Make an error of judgement vs intentionally act like a total cvnt, and it's the luck of the outcome that determines your sentence?

All of that said, I fully appreciate I haven't seen any of the Subaru footage prior to the incident, which could have been a significant factor in the decision.

Swervin_Mervin wrote: Fri Jan 17, 2020 9:47 am Which is exactly what I'm questioning. Make an error of judgement vs intentionally act like a total cvnt, and it's the luck of the outcome that determines your sentence?

All of that said, I fully appreciate I haven't seen any of the Subaru footage prior to the incident, which could have been a significant factor in the decision.

Of course it’s the outcome that’s important. If the Subaru driver had done what he did when no one was coming the other way, nothing at all would’ve happened. Intent and conduct is a mitigating or aggravating factor, but it’s the outcome that’s the core of the matter. Dangerous driving is less serious than causing injury by dangerous driving is less serious than causing death by dangerous driving.

That Subaru guy didn't deserve prison imo a suspended sentence would have been adequate.

Broccers wrote: Fri Jan 17, 2020 1:22 pm That Subaru guy didn't deserve prison imo a suspended sentence would have been adequate.

Agreed. It serves no purpose. If he's of previously good character and is shown likely to feel genuine remorse then perhaps there should be a way of looking at the cost of what an appropriate sentence be and delivering a % of that to the poor victim to aid rehabilitation.

It's not a mistake that halfway decent person is ever going to make twice.

evostick wrote: Fri Jan 17, 2020 1:30 pm

Broccers wrote: Fri Jan 17, 2020 1:22 pm That Subaru guy didn't deserve prison imo a suspended sentence would have been adequate.

Agreed. It serves no purpose. If he's of previously good character and is shown likely to feel genuine remorse then perhaps there should be a way of looking at the cost of what an appropriate sentence be and delivering a % of that to the poor victim to aid rehabilitation.

It's not a mistake that halfway decent person is ever going to make twice.

I reckon he was looking in his rear view seeing where his mate was when entering the corner, had a brain fade then drove where he was focussed.... straight at the bike. Silly mistake and wouldn't have happened if he'd been on his own or camerad up.

I think the corner tightens up at the apex but the camera lens doesn’t make it obvious. I think he’s definitely distracted by something, runs wide then suffers with target fixation, as you said, whilst he brakes. He makes no attempt to swerve. Having said that, there’s a bit of a wiggle that might be the result of recovering a slide, but it didn’t look like a loss of control from excess speed to me.