Sydney Driver Pleads Guilty

Gosh, cycling on roads at night without lights is as dangerous as walking across the street dressed in black. Who do you nail?

Hmmm. Hit-and-run? The first part may be an accident, the second part is not.

EoinC said:

Hmmm. Hit-and-run? The first part may be an accident, the second part is not.

Yes, the hit and run aspect is inexcusable by law but was not a contributing factor to the initial event. Riding at night without lights and other legally required equipments is equally inexcusable, and is probably a major contributory initiator of the cascade of events.

sogood said:

Yes, the hit and run aspect is inexcusable by law but was not a contributing factor to the initial event. Riding at night without lights and other legally required equipments is equally inexcusable, and is probably a major contributory initiator of the cascade of events.

Sogood, you are absolutely right. But the fact of the matter is that he was totally unaware that he had hit a person. Apparently the driver heard a thump from behind – it appears that the cyclist had not anticipated the car was trailing a boat – and when he stopped to get out and check what he had hit there was nothing visible. Please note: this includes the boyfriend. Where was he at the time? If there had been any sign of a human at the scene the driver would never have proceeded on his way. He thought he had hit a wombat and was worried enough that he could not find it.

Joe Arthur had been stone cold sober for at least 12 months prior to the accident. I know this because he is an old friend of mine, and I am proud to call him one. He is one of the most sensitive human beings I know; which probably helps to explain why he pled guilty to the offence rather than drag the poor girl's family through any further pain.

Sadly for Joe and his family the weight on his conscience has proved more than he could bear, with dreadful consequences. He sentenced himself as soon as he realised what had happened.

spinnerfax said:

Sogood, you are absolutely right. But the fact of the matter is that he was totally unaware that he had hit a person. Apparently the driver heard a thump from behind – it appears that the cyclist had not anticipated the car was trailing a boat – and when he stopped to get out and check what he had hit there was nothing visible. Please note: this includes the boyfriend. Where was he at the time? If there had been any sign of a human at the scene the driver would never have proceeded on his way. He thought he had hit a wombat and was worried enough that he could not find it.

Joe Arthur had been stone cold sober for at least 12 months prior to the accident. I know this because he is an old friend of mine, and I am proud to call him one. He is one of the most sensitive human beings I know; which probably helps to explain why he pled guilty to the offence rather than drag the poor girl's family through any further pain.

Sadly for Joe and his family the weight on his conscience has proved more than he could bear, with dreadful consequences. He sentenced himself as soon as he realised what had happened.

I too am an old friend of Joe's - Ross Bennie, I was at the court case yesterday. Joe is a broken mess and his other issues I believe are a direct result of this accident. His actions in not dragging this girls' reputation are "typically Joe". He got 9 months. Family is pretty upset and I'm trying to get out to see him in the other place tomorrow
[email hidden] for further correspond.

rab48 said:

I too am an old friend of Joe's - Ross Bennie, I was at the court case yesterday. Joe is a broken mess and his other issues I believe are a direct result of this accident. His actions in not dragging this girls' reputation are "typically Joe". He got 9 months. Family is pretty upset and I'm trying to get out to see him in the other place tomorrow
[email hidden] for further correspond.

Hi Ross,

I tried to email you at that address but it has bounced back. Would very much like to continue the correspondence. Pls PM me with other email address if possible. If not, give him my love and best wishes if you get to see him.

Best regards,
Tim Lumsdaine

spinnerfax said:

Hi Ross,

I tried to email you at that address but it has bounced back. Would very much like to continue the correspondence. Pls PM me with other email address if possible. If not, give him my love and best wishes if you get to see him.

Best regards,
Tim Lumsdaine

Sorry Tim too many nn's try - [email hidden]
regards

sogood said:

Yes, the hit and run aspect is inexcusable by law but was not a contributing factor to the initial event. Riding at night without lights and other legally required equipments is equally inexcusable, and is probably a major contributory initiator of the cascade of events.

My apologies in my delayed response - I've been away from my computer.
Acknowledged, Sogood. My comments were based on limited information (ie. the original post), and the information which follows indicates that the 'run' part may not have been intentional. I fully agree that, whilst cyclists tend to come off 2nd best in any such conflict, this does not mean that it is necessarily the vehicle driver's fault that such an event occurred.

don't quite know what to make of the sad irony here -- usually the driver IS at fault, but the cyclist gets the blame. now, the reverse happens. this is not poetic justice, or anything like that. all friends of the driver, contiue to support him (like i have to tell you that), and tell him that at least one cyclist feels his pain.

It is probably very unlikly that anyone will read this post since the thread was almost a year ago but I felt that I needed to add just one more item to this descussion.

While searching for an article about this accident I came across this post. It brought me to tears. I understand that most of the comments were made by close friends to Joseph but for one moment please stop to think about the other side.

As a friend of Jessica, seeing what was written about her
"A GIRL AND HER BOYFRIEND CYCLING HOME AFTER A PARTY AT 4.45AM ON A NARROW ROAD WITH NO STREET LIGHTS, NO LIGHTS ON THE BIKE AND A CONFIRMED TOXICOLOGY REPORT OF THE CYCLYIST THAT WOULD FIT A MARDI GRAS ATTENDEE YET THE DRIVER HAS BEEN CHARGED??"
It was firstly not a true statement and do you really think that saying "toxicology report that would fit a mardi gras attendee" is really something that needed to be said. Have some kind of respect for the friends and family of Jessica. 2 years on and the pain is still as stong as it was that day!

You cannot just decide that you will talk about someone who you didn't know and make comments which quiet obviously will hurt the people she was close to. Knowing her changed my life and a lot of other people. Nobody is perfect.. It could have been anyone that morning... It is not a straight forward case of "oh she is a young girl who had been drinking so therefore she was stupid for being there... poor guy who hit her"

You went on to say that what a kind man he was for pleading guilty to save the family been dragged through court;
* The comments made in the thread didn't spare any of her friends and family who happened to read it!
* Her family and friends were dragged through court it was not an open and shut case and it should not be spoken about as if it was! it went on for over a year!
* He did not plead guilt for a YEAR so I am sorry when you say that he is a good man for doing so... why did it take him so long?

Sober or not I dont understand how you can say that he didn't realise he hit a person! Have you ever hit a pot hole or an animal? You know when you have hit something and if he was sober how could he not have realised that he hit a person and a bike?

It is not a narrow road.. and yes it was dark and it was a combination of factors which lead to what happened but to insult her memory the way in which you quite clearly did was a low act in itself.

One side of the story told in this thread is that he stopped to check what he hit! The other side from the boy who was riding with Jess says that he did not stop at all so unless you were there you cannot decide how it happened.

I can understand that Joseph would be living with his guilt as anyone who has been involved in such a terrible accident would but Jessica's friends and family also have to deal with the loss of a daughter, sister, girlfriend and friend! She was an amazing person who everyone loved the minute they met her so making her out to be some stupid drunk teenager is not a fair or right thing to do.

I was 19 when I woke up one sunday morning and thought what a great day to go to the beach! When sitting on the lounge having breakfast I recieved a phone call which changed my world forever and it has not been the same since. Losing anyone is hard but when you are only 18-19 its the last phone call you expect to recieve.

People say Rest In Peace so please let her do that! does it make you feel better to make it out to be her fault? He is not innocent that is why he pleaded guilty! She was not innocent! it was an accident but... at the end of the day he didn't stop he kept driving... So when you say that he did a kind thing and saved her family pain... Stop and think first! How would you feel if it was your daughter.. sister.. friend... Nothing is Black and White and there are always 2 sides to every story!

Mon said:

It is probably very unlikly that anyone will read this post since the thread was almost a year ago but I felt that I needed to add just one more item to this descussion.

While searching for an article about this accident I came across this post. It brought me to tears. I understand that most of the comments were made by close friends to Joseph but for one moment please stop to think about the other side.

As a friend of Jessica, seeing what was written about her
"A GIRL AND HER BOYFRIEND CYCLING HOME AFTER A PARTY AT 4.45AM ON A NARROW ROAD WITH NO STREET LIGHTS, NO LIGHTS ON THE BIKE AND A CONFIRMED TOXICOLOGY REPORT OF THE CYCLYIST THAT WOULD FIT A MARDI GRAS ATTENDEE YET THE DRIVER HAS BEEN CHARGED??"
It was firstly not a true statement and do you really think that saying "toxicology report that would fit a mardi gras attendee" is really something that needed to be said. Have some kind of respect for the friends and family of Jessica. 2 years on and the pain is still as stong as it was that day!

You cannot just decide that you will talk about someone who you didn't know and make comments which quiet obviously will hurt the people she was close to. Knowing her changed my life and a lot of other people. Nobody is perfect.. It could have been anyone that morning... It is not a straight forward case of "oh she is a young girl who had been drinking so therefore she was stupid for being there... poor guy who hit her"

You went on to say that what a kind man he was for pleading guilty to save the family been dragged through court;
* The comments made in the thread didn't spare any of her friends and family who happened to read it!
* Her family and friends were dragged through court it was not an open and shut case and it should not be spoken about as if it was! it went on for over a year!
* He did not plead guilt for a YEAR so I am sorry when you say that he is a good man for doing so... why did it take him so long?

Sober or not I dont understand how you can say that he didn't realise he hit a person! Have you ever hit a pot hole or an animal? You know when you have hit something and if he was sober how could he not have realised that he hit a person and a bike?

It is not a narrow road.. and yes it was dark and it was a combination of factors which lead to what happened but to insult her memory the way in which you quite clearly did was a low act in itself.

One side of the story told in this thread is that he stopped to check what he hit! The other side from the boy who was riding with Jess says that he did not stop at all so unless you were there you cannot decide how it happened.

I can understand that Joseph would be living with his guilt as anyone who has been involved in such a terrible accident would but Jessica's friends and family also have to deal with the loss of a daughter, sister, girlfriend and friend! She was an amazing person who everyone loved the minute they met her so making her out to be some stupid drunk teenager is not a fair or right thing to do.

I was 19 when I woke up one sunday morning and thought what a great day to go to the beach! When sitting on the lounge having breakfast I recieved a phone call which changed my world forever and it has not been the same since. Losing anyone is hard but when you are only 18-19 its the last phone call you expect to recieve.

People say Rest In Peace so please let her do that! does it make you feel better to make it out to be her fault? He is not innocent that is why he pleaded guilty! She was not innocent! it was an accident but... at the end of the day he didn't stop he kept driving... So when you say that he did a kind thing and saved her family pain... Stop and think first! How would you feel if it was your daughter.. sister.. friend... Nothing is Black and White and there are always 2 sides to every story!

I completely understand both sides to this, and no words will change what happened. However, This would of been adviodable if there had been lights and vests, a reflective vest makes you been seen for a fair distance, i have had close calls myself with lorrys and other vechiles transporting a trailer etc. It was only due to the vest and lights i am here today.

I can understand the grief inwhich you are going through, sunday morning i had a phone call saying a family member had been killed, 2 months before that i atteneded a funeral for a very close friend, he had been hit by a car and was left to die.

In many cases i would say all the blame is on the driver, but it is not, infact i feel sorry for the driver to have gone through all of this, especially as he has taken the blame for someone elses mistake.

They were intoxicated, had no reflective gear, and no lights, in this case the driver should have not been charged, instead freed, and the duo to have been charged instead.

I have no respect for people like this, who put other cylists to shame, whether dead or alive, if it is their fault, and they are alive, admit it. If they have passed on, leave the innocent alone!

In anycase, my thoughts go out to the family of Jessica, and a sorrow for the driver to take the blame for something he did not cause.

NJ

PembsCycer said:

I completely understand both sides to this, and no words will change what happened. However, This would of been adviodable if there had been lights and vests, a reflective vest makes you been seen for a fair distance, i have had close calls myself with lorrys and other vechiles transporting a trailer etc. It was only due to the vest and lights i am here today.

I can understand the grief inwhich you are going through, sunday morning i had a phone call saying a family member had been killed, 2 months before that i atteneded a funeral for a very close friend, he had been hit by a car and was left to die.

In many cases i would say all the blame is on the driver, but it is not, infact i feel sorry for the driver to have gone through all of this, especially as he has taken the blame for someone elses mistake.

They were intoxicated, had no reflective gear, and no lights, in this case the driver should have not been charged, instead freed, and the duo to have been charged instead.

I have no respect for people like this, who put other cylists to shame, whether dead or alive, if it is their fault, and they are alive, admit it. If they have passed on, leave the innocent alone!

In anycase, my thoughts go out to the family of Jessica, and a sorrow for the driver to take the blame for something he did not cause.

NJ

The driver drove on - despite an accident, and was rightfully procecuted for this. If he had stopped and not driven off - then he would probably now be a free man.
This case has been in the courts for over a year, Im sure that he would not have been procecuted if there was any doubt he was not aware of what he was doing.
The people who sent him to jail - had all the facts, unlike yourself.

You start by saying you completely understand both side of the story but then proceed to say the driver should be freed and the two cyclists procecuted.....

How exactly do you have all the details of the story/case that you can make such comments...... you live in Wales - I doubt you know anything of the case......

As the previous poster to you politely asked - Let her memory rest in peace.

bigmark99 said:

The driver drove on - despite an accident, and was rightfully procecuted for this. If he had stopped and not driven off - then he would probably now be a free man.
This case has been in the courts for over a year, Im sure that he would not have been procecuted if there was any doubt he was not aware of what he was doing.
The people who sent him to jail - had all the facts, unlike yourself.

You start by saying you completely understand both side of the story but then proceed to say the driver should be freed and the two cyclists procecuted.....

How exactly do you have all the details of the story/case that you can make such comments...... you live in Wales - I doubt you know anything of the case......

As the previous poster to you politely asked - Let her memory rest in peace.

All i am trying to say is that the driver was not to blame, it clearly states that on other websites involving this case.

I am from Wales you're right, but i have had friends killed whilst cycling aswell, some were not at fault, some were. Not only that i am still trying to get over the sudden death a very close family member. So i have not been myself and have let things run riot inside of me.

I do see 2 sides to this, and i am not going to press into it any further. All i wish to do is to offer my condolences to her family and friends, and to wish them luck for the future.

You are right in what you say though, and for that i apoligies.

Yours,

Nathan J

PembsCycer said:

All i am trying to say is that the driver was not to blame, it clearly states that on other websites involving this case.

I am from Wales you're right, but i have had friends killed whilst cycling aswell, some were not at fault, some were. Not only that i am still trying to get over the sudden death a very close family member. So i have not been myself and have let things run riot inside of me.

I do see 2 sides to this, and i am not going to press into it any further. All i wish to do is to offer my condolences to her family and friends, and to wish them luck for the future.

You are right in what you say though, and for that i apoligies.

Yours,

Nathan J

no worries.
thanks for replying.
Good luck in the 6 nations!!