{Melb} Plumpton case

Yet again... what's so important about the alleged offenders sporting
history!?!

--
Bean

Remove "yourfinger" before replying

Bean Long said:

Yet again... what's so important about the alleged offenders sporting
history!?!

I find it so offensive. I am sure they wouldn't highlight their sporting
history if the alleged offender was into archery or lawn bowls.

Tam

Bean Long said:

Yet again... what's so important about the alleged offenders sporting history!?!

Maybe it's just a polite way of saying the defendant has no basic comprehension of cartesian duality?

Bean Long said:

Yet again... what's so important about the alleged offenders sporting
history!?!

Hmmmm:
- not my fault, everyone in my sport drinks themself blind and then
drives and they led me on
- I'd been kept at practice late and they made me stay at drinks and I
had to get home to help my wife with the jobs and the kids' homework;
they are under a lot of stress from my busy playing schedule
- I was trying to deal with the stress of high level performance and
was in a dissociative state
- I have several high profile referees who will attest I am of
excellent character from all the times I've played with them and this
is completely out of character
- my playing career has already been ruined, so I've suffered enough
and shouldn't be penalised more.

Any to add? Sorry, wasn't meaning to make prejudicial remarks - I was
speaking in general.

Donga

Donga said:

<snip>

Quoted message said:

- I was trying to deal with the stress of high level performance and
was in a dissociative state

Excellent historical reference!

Tam

quote='Tamyka Bell'Donga said:

<snip>

Quoted message said:

- I was trying to deal with the stress of high level performance and
was in a dissociative state

Excellent historical reference!

Tam[/QUOTE]yep.

PS: ( we are doing great, so keep it up, just )all note this case is at a delicate stage, please DO NOT place anything here which can or might relate...keep it abstract and off beat...oh yeah well keep it normal then...chocolate, muffins, and ROS is on Sat am, dont go off racing or touring...come along to the ROS and remember our mates, like Maddy, Amy and Allan.

Bean Long said:

Yet again... what's so important about the alleged offenders sporting history!?!

Funny that.

Calm blue ocean, calm blue ocean, calm bl....

***************************
Driver sent for trial over hit-run death of cyclist
http://www.theage.com.au/news/national/driver-sent-for-trial-over-hitrun-death-of-cyclist/2006/05/17/1147545394799.html
By Jamie Berry. May 18, 2006

On the football field, Damian Cupido was brilliant but erratic. He showed that inconsistency again yesterday, failing to show at Melbourne Magistrates Court to give evidence on behalf of a good friend charged over the hit-run death of a cyclist last year.

Cupido, 24, who was cut by Essendon last year after 53 games with the Bombers and Brisbane Lions, was due to appear at 10am yesterday via video link from Adelaide. He is playing for SANFL club South Adelaide.

But after spending more than 90 minutes trying to find him, the prosecution had to continue their case against former Victorian cricketer David Plumpton without evidence from Cupido.

After a three-day committal hearing, magistrate William O'Day committed Plumpton to stand trial over the death of Matthew Cole, who was struck by a car during an early morning ride on Plenty Road, Bundoora, on January 22 last year.

Plumpton, 28, of Mill Park, told the court he would plead not guilty to four charges in the County Court - one count of culpable driving and three counts of reckless conduct endangering life.

The talented cricketer, who has represented Victoria in the domestic one-day competition, faces six other charges including failing to stop and render assistance and driving an unroadworthy vehicle.

In a police statement tendered to the court, Cupido said he attended four licensed premises with Plumpton and others in the hours before the collision.

Plumpton and Cupido were with teammates from their district cricket team, Fitzroy Doncaster, and last stopped at a Port Melbourne hotel.

"I was supplied with a drink card on the house . . . we all started drinking bourbons again," Cupido said. "I would say we all had three mixed alcohol drinks."

"When I left (by taxi) at 2.45am he was not slurring or staggering around," Cupido said.

Another friend, Nicholas Harrison, said: "In my opinion, David had consumed too much alcohol to drive a car and I certainly would not have got in a car if he was going to drive."

After the crash, Sergeant Geoff Exton said police conducted an extensive search to find Plumpton who they said had fled the scene. When he reported to police almost 12 hours later, officers were unable to establish Plumpton's blood alcohol concentration at the time of the incident.

cfsmtb said:

After the crash, Sergeant Geoff Exton said police conducted an
extensive search to find Plumpton who they said had fled the scene.
When he reported to police almost 12 hours later, officers were unable
to establish Plumpton's blood alcohol concentration at the time of the
incident.

Great, so this is becoming a strategy now. Don't stop if you hit someone
and are drunk. You're better off handing yourself in 12 hours later when
sober. THIS is why failing to stop should mean you get life. This
probably won't happen, but they should make the penalty for failing to
stop at least twice that of killing someone whilst under the influence.

--
..dt

quote='dtmeister'cfsmtb said:

After the crash, Sergeant Geoff Exton said police conducted an
extensive search to find Plumpton who they said had fled the scene.
When he reported to police almost 12 hours later, officers were unable
to establish Plumpton's blood alcohol concentration at the time of the
incident.

Great, so this is becoming a strategy now. Don't stop if you hit someone
and are drunk. You're better off handing yourself in 12 hours later when
sober. THIS is why failing to stop should mean you get life. This
probably won't happen, but they should make the penalty for failing to
stop at least twice that of killing someone whilst under the influence.

--
..dt[/QUOTE]
My view is :-

• the penalty for failing to stop when some one is obvisously injured should be mandatory gaol.
  
• for failing to stop after knocking a pedestrian off a crossing or a cyclist off a bike, ( which have obvious outcomes) should be an absolute burden of dissproof of liability on the driver and thus a guilty till proven innocent.
  
• Any driver who evades capture to avoid a blood analysis should face gaol time, anyone helping should face the same time.
  

I know a lot is covered by charges of conspiracy to pervert the course of justice and other niceties, but when a high profile individuals is able to run off and hide behind a QC and claim "who me...never", in the face of overwhelming weight of evidence, why should such cases be dragged out, they deserve fast tracking to bring the full weight of the law and justice to the fore and make it clear to other ego driven idiots that they are not above the law, such cases will be dealt with swiftly and they if found guilty they will be going down fast, not eventually!

The current system is too easy to be maniulated for delay and evasion!

On 2006-05-18, Donga (aka Bruce)
was almost, but not quite, entirely unlike tea:

Quoted message said:

EXTRACT from Kapunda Road Royal Commission, South Australia
Chapter 3 part 3.2, Recommendations:
http://www.service.sa.gov.au/krrc/
We all should be asking our state governments if they will be adopting
these findings.

Thankyou for the push.

Here's my version with language that is far too elaborate and probably
hard to understand. Oh, and email sucks, but I am lazy 🙁

To: [email hidden]
Date: Thu, 18 May 2006 16:50:46 +1000 (EST)
Subject: Recommendations from Kapunda Road Royal Commission
Message-ID: <[email hidden]>
Content-Type: TEXT/PLAIN; charset=US-ASCII

Bob Stensholt
Parliamentary Secretary, Treasury and Finance
1342 Toorak Rd
Camberwell 3124

Tim Connors
133 Moo Moo
Moo, M000
Ph: H: M000 M000

Dear Bob Stensholt,

You may be aware that last year, the Kapunda Road Royal Commission
(KRRC) was held in South Australia, to determine why the investigation
and prosecution of a prominent lawyer, who fled the scene of an
accident, failed. It is unfortunate that there have been many high
profile cases nationwide recently where a drunk driver was alleged to
have fled from police for a period of time in order to make it
impossible for police to determine their blood alcohol level at the
time of the accident. The outcomes of the KRRC were that many
recommendations were made for changes of law to discourage drunk and
otherwise culpable drivers from fleeing the scene of a crime in order
to reduce the possible penalties they may receive.

Most of these recommendations for changes to the law are applicable to
state laws nationwide. A summary of these recommendations can be found
on the KRRC website, http://www.service.sa.gov.au/krrc/, and in
particular, chapter 3, section 3.2 lists the following
recommendations:

¤ That a person actively concealing their crime by deliberately
fleeing in order to prevent evidence being obtained be guilty of an
offence, or if it is already an offence, it be more clearly defined by
legislation. Penalties for such offences should be so prescribed so
that fleeing confers no advantage on the criminal. Sanctions on
insurance and driver's licences in cases where persons knowingly fail
to stop and assist in cases of death or serious injury should also be
considered.

¤ That it be an offence for a driver to wilfully and knowingly alter
his/her blood alcohol content following an accident. Penalties for
the offences involved in refusing a breath test should be increased
and a new offence of similar penalty for a deemed refusal arising from
lying to or knowingly avoiding police until the prescribed period has
expired, should be created. The penalty should be such that no
advantage be obtained on penalty over those who submit to the law.

¤ That the prescribed period under the Road Traffic Act 1961 for blood
testing uninjured drivers be increased to the same period as applies
to injured drivers and the present s 47GA be amended and extended to
provide a defence where the drinking was not done with intent to
conceal driving while intoxicated.

¤ That the maximum penalty for driving in a manner dangerous causing
death should be the same as the penalty for manslaughter.

¤ That there should be a new offence of culpability between that of
Dangerous Driving Causing Death or Injury and Drive Without Due Care,
or a graduated scale or aggravation reflecting more severe penalties
for more aggravated versions of the lesser offence.

May I ask you, as my local member for Burwood, does the ALP plan on
introducing these laws to parliament?

I ask as a bicycle commuter and recreational cyclist who spends 400
hours, riding about 9000 km lawfully on the road each year, who has
myself been the victim of an assault and hit-and-run event. It would
be a great outcome of this Royal Commission if a driver performing a
hit-and-run was assumed to have had a reason to have fled the scene of
the accident for the purposes of sentencing; that they receive a
harsher sentence reflecting the seriousness of the crime they were
likely to have committed.

Thankyou for your response.

Yours sincerely, Tim Connors.

Similar emails to my local legislative council members belonging to
the Liberal party. Get details here:

Where are you? Lower house districts:
http://www.vec.vic.gov.au/districts.html
Upper house regions (for next election -- the page with current
boundaries seems to have moved):
http://www.vec.vic.gov.au/regions.html

Legislative Assembly/AKA Lower House/AKA House of Reps
---> http://www.parliament.vic.gov.au/mlas1.html
Legislative Council/AKA Upper House/AKA Senate
only relevant until election in november, then new boundaries take place
---> http://www.parliament.vic.gov.au/mlcs1.html

--
TimC
READING MICROSCOPIC DISCLAIMERS ON COUPON MAY CAUSE PAPER CUTS ON EYEBALLS.
-- Disclaimer on Kibo's Pot Pie of Pain

TimC said:

On 2006-05-18, Donga (aka Bruce)
was almost, but not quite, entirely unlike tea:

Quoted message said:

EXTRACT from Kapunda Road Royal Commission, South Australia
Chapter 3 part 3.2, Recommendations:
service.sa.gov.aukrrcOpen ↗
We all should be asking our state governments if they will be adopting
these findings.

Thankyou for the push.

Here's my version with language that is far too elaborate and probably
hard to understand. Oh, and email sucks, but I am lazy 🙁

To: [email hidden]
Date: Thu, 18 May 2006 16:50:46 +1000 (EST)
Subject: Recommendations from Kapunda Road Royal Commission
Message-ID: <[email hidden]>
Content-Type: TEXT/PLAIN; charset=US-ASCII

Bob Stensholt
Parliamentary Secretary, Treasury and Finance
1342 Toorak Rd
Camberwell 3124

Tim Connors
133 Moo Moo
Moo, M000
Ph: H: M000 M000

Dear Bob Stensholt,

You may be aware that last year, the Kapunda Road Royal Commission
(KRRC) was held in South Australia, to determine why the investigation
and prosecution of a prominent lawyer, who fled the scene of an
accident, failed. It is unfortunate that there have been many high
profile cases nationwide recently where a drunk driver was alleged to
have fled from police for a period of time in order to make it
impossible for police to determine their blood alcohol level at the
time of the accident. The outcomes of the KRRC were that many
recommendations were made for changes of law to discourage drunk and
otherwise culpable drivers from fleeing the scene of a crime in order
to reduce the possible penalties they may receive.

Most of these recommendations for changes to the law are applicable to
state laws nationwide. A summary of these recommendations can be found
on the KRRC website, service.sa.gov.aukrrcOpen ↗, and in
particular, chapter 3, section 3.2 lists the following
recommendations:

¤ That a person actively concealing their crime by deliberately
fleeing in order to prevent evidence being obtained be guilty of an
offence, or if it is already an offence, it be more clearly defined by
legislation. Penalties for such offences should be so prescribed so
that fleeing confers no advantage on the criminal. Sanctions on
insurance and driver's licences in cases where persons knowingly fail
to stop and assist in cases of death or serious injury should also be
considered.

¤ That it be an offence for a driver to wilfully and knowingly alter
his/her blood alcohol content following an accident. Penalties for
the offences involved in refusing a breath test should be increased
and a new offence of similar penalty for a deemed refusal arising from
lying to or knowingly avoiding police until the prescribed period has
expired, should be created. The penalty should be such that no
advantage be obtained on penalty over those who submit to the law.

¤ That the prescribed period under the Road Traffic Act 1961 for blood
testing uninjured drivers be increased to the same period as applies
to injured drivers and the present s 47GA be amended and extended to
provide a defence where the drinking was not done with intent to
conceal driving while intoxicated.

¤ That the maximum penalty for driving in a manner dangerous causing
death should be the same as the penalty for manslaughter.

¤ That there should be a new offence of culpability between that of
Dangerous Driving Causing Death or Injury and Drive Without Due Care,
or a graduated scale or aggravation reflecting more severe penalties
for more aggravated versions of the lesser offence.

May I ask you, as my local member for Burwood, does the ALP plan on
introducing these laws to parliament?

I ask as a bicycle commuter and recreational cyclist who spends 400
hours, riding about 9000 km lawfully on the road each year, who has
myself been the victim of an assault and hit-and-run event. It would
be a great outcome of this Royal Commission if a driver performing a
hit-and-run was assumed to have had a reason to have fled the scene of
the accident for the purposes of sentencing; that they receive a
harsher sentence reflecting the seriousness of the crime they were
likely to have committed.

Thankyou for your response.

Yours sincerely, Tim Connors.

Similar emails to my local legislative council members belonging to
the Liberal party. Get details here:

Where are you? Lower house districts:
vec.vic.gov.audistricts.htmlOpen ↗
Upper house regions (for next election -- the page with current
boundaries seems to have moved):
vec.vic.gov.auregions.htmlOpen ↗

Legislative Assembly/AKA Lower House/AKA House of Reps
---> parliament.vic.gov.aumlas1.htmlOpen ↗
Legislative Council/AKA Upper House/AKA Senate
only relevant until election in november, then new boundaries take place
---> parliament.vic.gov.aumlcs1.htmlOpen ↗

--
TimC
READING MICROSCOPIC DISCLAIMERS ON COUPON MAY CAUSE PAPER CUTS ON EYEBALLS.
-- Disclaimer on Kibo's Pot Pie of Pain

Top letter Tim, great initiative...c'mon everyone every like minded submission to the Pollies helps raise awareness for safer cycling...