Cyclist in crash on Beaufort St this morning

eldavo
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Re: Cyclist in crash on Beaufort St this morning

Postby eldavo » Fri Jan 09, 2015 11:26 pm

Are you eligible to be a moderator now you're retired Colin? It just occurred to me since you're demonstrating potential it in the literal and forum senses of the word, and you are about to crack 5000 posts ;)

PS: Do moderators have to "ride their post count" in kilometres each year on their birthdays?

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roller
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Re: Cyclist in crash on Beaufort St this morning

Postby roller » Sat Jan 10, 2015 7:40 pm

ColinOldnCranky wrote:Now a CREDIBLE way of expressing your (aka my) frustration would be ....
really?
inflammatory statement or idea

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casual_cyclist
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Re: Cyclist in crash on Beaufort St this morning

Postby casual_cyclist » Mon Jan 12, 2015 4:36 pm

ColinOldnCranky wrote:
casual_cyclist wrote:IMO both the cyclist and the motorist committed offenses. Noting that no action justifies the response of the motorist, have a look at the penalties to see how serious the offenses are.

If convicted, the cyclist may at most get a small fine and a slap on the wrist. If convicted, the motorist may get a fine, prison time and a criminal record. Depending on a lot of things, even if he gets a suspended sentence, he will still have to live with a criminal record. This can seriously impact on employment prospects.
Not true, too absolute. Why do people continue to state such expectations as certainties, it does not make the statement more credible, just the opposite.
I didn't. Re-read.
If convicted, the motorist may get a fine
I deliberately selected the word "may" to express uncertainty because no one knows what the outcome will be.
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casual_cyclist
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Re: Cyclist in crash on Beaufort St this morning

Postby casual_cyclist » Mon Jan 12, 2015 4:57 pm

ColinOldnCranky wrote:I share your and others frustration but I KNOW that occasionally a serious sentence is applied to a serious offender. Now a CREDIBLE way of expressing your (aka my) frustration would be "Very unlikely that the motorist will get a sentence likely to give others cause NOT to take such deliberate action in future." Which is about what I see coming out of previous cases.
I feel like you completely missed the point of my post. I was just thinking of this motorist, on his way to work, reacting very badly to something that someone else did and putting himself in the situation where he will potentially wind up with a criminal record. How much easier would it have been to just let it go?
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ColinOldnCranky
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Re: Cyclist in crash on Beaufort St this morning

Postby ColinOldnCranky » Tue Jan 13, 2015 10:23 am

Sorry Casual. quite right, I've verballed you. Somehow in dealing with opened multiple posts I juxtaposed Rollers first page excess with your commentary.

:oops: :oops: :oops:

We ARE in agreement, motorists DO some times get serious penalties. Many who must know better on this forum brandish around statements pretending otherwise and it makes it harder to sustain a reasoned argument against a bike hater when they can trot those out. Hopefully I will call out those posts in future, instead of the voices of reason.

Mea culpa.
Unchain yourself-Ride a unicycle

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casual_cyclist
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Re: Cyclist in crash on Beaufort St this morning

Postby casual_cyclist » Tue Jan 13, 2015 1:54 pm

ColinOldnCranky wrote:Sorry Casual. quite right, I've verballed you. Somehow in dealing with opened multiple posts I juxtaposed Rollers first page excess with your commentary.

:oops: :oops: :oops:

We ARE in agreement, motorists DO some times get serious penalties. Many who must know better on this forum brandish around statements pretending otherwise and it makes it harder to sustain a reasoned argument against a bike hater when they can trot those out. Hopefully I will call out those posts in future, instead of the voices of reason.

Mea culpa.
I wouldn't worry about it. I didn't take offense.
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RonK
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Re: Cyclist in crash on Beaufort St this morning

Postby RonK » Tue Feb 17, 2015 2:20 pm

Cycle touring blog and tour journals: whispering wheels...

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Aushiker
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Re: Cyclist in crash on Beaufort St this morning

Postby Aushiker » Tue Feb 17, 2015 3:23 pm

Thanks Ron for the update.

Andrew

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Re: Cyclist in crash on Beaufort St this morning

Postby wellington_street » Tue Feb 17, 2015 3:34 pm

casual_cyclist wrote:
Red Rider wrote:The photo in the link is in Inglewood, where the signs are for bikes and buses. Where the incident took place is in Northbridge, which is buses only. Brisbane St is where the change is from bus only to bus & bikes.
Ok. Cheers. I didn't know that. So if I can ride in a lane, will there always be a bicycle sign?
Yes - can't ride in a bus lane unless there is a sign telling you that you can. Usually this will be the bicycle symbol on the bus lane sign, or occasionally a "bicycles excepted" plate under the bus lane sign.

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Re: Cyclist in crash on Beaufort St this morning

Postby CycleSnail » Tue Feb 17, 2015 3:41 pm

Support high quality cycling advocacy!

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Timeonabike
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Re: Cyclist in crash on Beaufort St this morning

Postby Timeonabike » Tue Feb 17, 2015 4:05 pm

So no attempted murder charge then?

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Thoglette
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Re: Cyclist in crash on Beaufort St this morning

Postby Thoglette » Tue Feb 17, 2015 5:51 pm

Timeonabike wrote:So no attempted murder charge then?
IANL but as I said earlier "intend to kill" was going to be impossible to prove.

However a custodian sentence is usual for GBH, depending on perceived level of remorse and other factors
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cp123
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Re: Cyclist in crash on Beaufort St this morning

Postby cp123 » Wed Feb 25, 2015 11:31 am

given he deliberately did a u-ey and came back and then rammed him, there's obviously SOME degree of premeditation there....

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ColinOldnCranky
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Re: Cyclist in crash on Beaufort St this morning

Postby ColinOldnCranky » Wed Feb 25, 2015 12:09 pm

cp123 wrote:given he deliberately did a u-ey and came back and then rammed him, there's obviously SOME degree of premeditation there....
But unlikelythe driver intended to kill him or even to collide. Think punishment pass. There was a cop in witness which helps get rid of much doubt.

On the other hand (and jurisdictions vary) there is not always an absolute need for intent. Just doing something that could be seen to have a good chance of killing someone can still constitute murder.

Again different jurisdictions have their own language but terms like reckless indifference, first degree, pre-meditated, malice aforethought, aggravated and so forth differentiate between the many flavors of killing a person illegally.

Perhaps reckless indifference could describe this particular incident. I don't know if that is adequate to level a charge of murder in WA but it is always a big ask to have murder stick anyway.
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Re: Cyclist in crash on Beaufort St this morning

Postby casual_cyclist » Tue Mar 17, 2015 10:15 pm

There is an update to this story:
The lawyer for a Perth driver who ran down a cyclist has told the Perth Magistrates Court his client is mortified about the uncharacteristic "overreaction".
http://www.abc.net.au/news/2015-03-17/b ... ce/6325834" onclick="window.open(this.href);return false;
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Lizzy
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Re: Cyclist in crash on Beaufort St this morning

Postby Lizzy » Wed Mar 18, 2015 9:21 am

"Brain snap", "not a morning person"...

Really; I'm trying just now to think of someone I sympathize with less ....

...

Yep, nope.
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Grev
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Re: Cyclist in crash on Beaufort St this morning

Postby Grev » Wed Mar 18, 2015 9:04 pm

"not a morning person"... Is that a variation of "I don't like Mondays"?

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Teslik
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Re: Cyclist in crash on Beaufort St this morning

Postby Teslik » Thu Mar 19, 2015 3:45 pm

https://au.news.yahoo.com/thewest/a/267 ... n-cyclist/" onclick="window.open(this.href);return false;

$1500 fine and 9 month suspended sentence. So effectively f-all. What a joke! not even a suspended license or community service.

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Re: Cyclist in crash on Beaufort St this morning

Postby bychosis » Thu Mar 19, 2015 3:51 pm

That's disgraceful. Surely licence suspension is warranted and given he is a successful whatever it was can probably afford the $1500 no troubles. Send him a message and take his licence away.
bychosis (bahy-koh-sis): A mental disorder of delusions indicating impaired contact with a reality of no bicycles.

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BandedRail
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Re: Cyclist in crash on Beaufort St this morning

Postby BandedRail » Thu Mar 19, 2015 4:03 pm

According to the report on the ABC website his licence has been disqualified for a year.

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casual_cyclist
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Re: Cyclist in crash on Beaufort St this morning

Postby casual_cyclist » Thu Mar 19, 2015 4:05 pm

BandedRail wrote:According to the report on the ABC website his licence has been disqualified for a year.
Oh! What if he has to cycle to work! :shock:
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flashpixx
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Re: Cyclist in crash on Beaufort St this morning

Postby flashpixx » Thu Mar 19, 2015 4:53 pm

If there is any justice in the world Mr Sheridan's employer will have a sudden and immediate need to terminate his employment.
Gordon

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Timeonabike
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Re: Cyclist in crash on Beaufort St this morning

Postby Timeonabike » Thu Mar 19, 2015 7:34 pm

Shocked and disgusted.

'Brain snap' must be expunged from the language and the legal system - it seems to be an excuse to commit attempted murder and get away with it.

The rest of my thoughts on this matter will remain private.

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Re: Cyclist in crash on Beaufort St this morning

Postby hiflange » Thu Mar 19, 2015 7:47 pm

To be fair, while the judge used the term brain snap it wasn't to excuse the incident, at least as far as the ABC report that quotes her goes.

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Re: Cyclist in crash on Beaufort St this morning

Postby Timeonabike » Thu Mar 19, 2015 8:02 pm

I accept that, it's only that every other day some ne-er do well is using the term as a reason for undertaking one kind of violent act or another.
The more a phrase is used, the more it starts to look like an excuse.
Anyway, I'm too furious to be posting anything online right now.
Off for a calming bike ride now; I hope the law is on my side.

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