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Location:
1st street on the right
Registered:
November 2002
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It happened last friday.....
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Tue, 04 March 2003 11:17
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EDIT: Will be spending the next three months in Tas furthering my diving skills (commercial) hoping to get a new job.
Appeal on the 4th, I leave on 30th, DPP r's wipes won't adjourn until I get back so more solictors fees.
Anyone in Tas around Launceston, more specifically Beauty Point (apparently 55k's west) give me a call 0414 369 885 if you are free on w/ends as I won't have a car or any other excitement it would seem (the town doesn't even have an ATM). I still don't know if I can get a dial up connection (i'm going to miss cable)
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The short story. 12 month disqulification, $600- fine and conviction recorded.
The long sttory. Nov 2001 hit pedestrian in dead end street, he was drunk (0.157) and walking his kids home from school. Passed him first time and he was agressive (yelling, gesturing etc) turned around at end of street (no one home) and returned. Again he's yelling and gesturing etc and while I'm as far to the left as I can be he steps out in front of the car.
This he admits to in his statement, Police say I wasn't speeding, he suffers broken leg, cuts and grazes. Me ok, read zero on blood test (his reading is taken 8 hrs after accident).
July 2002 receive summons, by Nov 2002 and 6 appearance later prosecution finally has paperwork together.
Feb 28th, appear to plead guilty on advice (I hit him, he's injured, Neg driving occ Grevious Bodily Harm). Magistrate refuses to take into account his actions and condition and statement. Also will not acknowledge that if she records a conviction I WILL loose my job (security work) but is considering it anyway. BUT only after she hears the opinion of the victim and police as to what sort of penalty they think I should receive (just for the record, it won't sway her opinion, HA)
So after saying she's considering 3mth suspension, $1000- fine and no conviction, victim and cops say not good enough, she says 12mth, $600- and criminal record.
So no job, house is for sale and he's suing for $400,000- damages. Which he can only now get because I was convicted.
As the prosecutor said on leaving "You'd be better off if you'd rolled back over him and killed him, you'd be slapped on the wrist for his actions leading to his own demise"
What's the morale to all this? if you know please tell me. Not bad for a first offense.
Justin
[Updated on: Sat, 29 March 2003 13:10]
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I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
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Re: It happened last friday.....
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Tue, 04 March 2003 11:21
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Fuck man, and i though I got it bad when I hit a cop...But you been royally screwed.
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I supported Toymods
Location:
I renounced punctuation
Registered:
May 2002
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I supported Toymods
Location:
Central Coast
Registered:
May 2002
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Re: It happened last friday.....
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Tue, 04 March 2003 11:25
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FUCK MAN!!!  
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I supported Toymods
Location:
Sydney
Registered:
May 2002
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Re: It happened last friday.....
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Tue, 04 March 2003 11:25
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That is fucked... Whatever happened to the 6-month limitation placed on these types of claims? Has it been lifted or something?
A very similar thing happened to me a few years ago.
Drunk pedestrian walked into me. He waited until 5 months 3 weeks were up to serve me with his papers. My insurance company took one look at it all and laughed. Nothing eventuated from it.
Are you able to appeal???
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Club Member
Location:
Sydney, NSW
Registered:
May 2002
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Re: It happened last friday.....
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Tue, 04 March 2003 11:26
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Thats really gay man...
Condolences go to you and I hope you don't have to sell the house...
Can you try to appeal the magestrate's decision???
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Location:
Brisbane, QLD
Registered:
February 2003
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Re: It happened last friday.....
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Tue, 04 March 2003 11:41
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You should be able to appeal the decission....hopfully to the same court and not to a higher court(which means higher costs :S)
Oh and write to news programs like today tonight and a current affair, or a talkback radio show like alan jones or john laws(if you're in sydney)
might sound stupid but you get public awareness on this and it pressures the system 
They'd prolly run a story on how you were trying to do the right thing where as this drunked(who was in charge of children) registered a BAL over 3 times the legal driving limit(even though he wasnt driving it'll give bearing to what state he was in) 8 hours after the accident!
i might be just talking out of my arse(could be the beer talking aswell  ) but this sounds like your life is being majorly effected by this so why not try all avenues
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Location:
Brisbane, QLD
Registered:
February 2003
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Re: It happened last friday.....
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Tue, 04 March 2003 11:48
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btw
if he does succesfully sue you
he probably wont get $400 000
my mates brother got $150000 in damages and he used a VERY good barrister to get that much
he suffered a broken neck and other injuries(almost paralised him and now limits his neck movement, bad for work as he's a sparky) and thus had to sit his final exams in hosptial
this was in an accident caused by a lady with no licence, in an unregistered car and it was very much her fault(she failed to give way to him whilst he was riding his bike...he was keeping up with the traffic so its not as if he was taking his sweet arse time about it)
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I supported Toymods
Location:
melbourne
Registered:
June 2002
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I supported Toymods
Location:
Sydney
Registered:
June 2002
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Re: It happened last friday.....
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Tue, 04 March 2003 22:16
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after reading this story, i really cant fathem how our legal system really works. In all honesty i think we'd all be better of being criminals cause every day you hear how the legal system favours them instead of the law obiders.
Clubagreenie, i truly feel sory for you and think that you'd be crazy not to appeal.
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I supported Toymods
Location:
Northern Beaches
Registered:
May 2002
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Re: It happened last friday.....
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Tue, 04 March 2003 23:02
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That just sucks big time I feel so sorry for you, once again another occurance of our legal system failing.
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Location:
GoldCoast/Brisbane
Registered:
May 2002
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Re: It happened last friday.....
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Wed, 05 March 2003 07:32
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Your first mistake was pleasding GUILTY!!
Never ever say that you are guilty if you are innocent....
to me it is a sign of weakness..... but in your case I beleive you where somehow BADGERED by your defence lawyer into appealing GUILTY!
Me wonders about the chances of appealing on this case.
I think you most likely would be happy if you could overturn the conviction.... am I right!
If it is no go and you are screwed one way or the other may I give some friendly advice from your local,
"I AIN'T GOING OUT LIKE THAT MAN!!"
Let me ask you......
How much do you value your house???
How much do you value your life???
How far would you go to extract retribution???
Do you know any homosexual Tongans???
I know that if I could not appeal, or change the circumstances, fuck I would not be going down like that, and that I would either end up in jail or killed before I let any motherfucker PUNK me out like that!
I will answer the above quetions, my style!
Hell yeah I ain't being forced to sell my house no matter what!!
AKA the CASTLE syndrome.
I value my life a great deal... though I would rather die than be known as a man who could not stick up for what I believe in.
Remember kidz,
Attack the enemy at every interval,
and keep your casualties to a minimal!
If he takes off with a suitcase full of your cash, then you reclaim that shit.... no I don't mean kidnap his kids and hold them for ransom.... If he is to get $400k then what will he be upgrading..... well not just his bottle of Bundy to O.P. Bundy!
Most likely he will get a bigger house or invest it in another house.... so how do you get your money back???
SIMPLE..... you don't get it back..... but you get to feel the nice warmth and healthy glow that $400k worth of house has in the middle of the night....... BURN HOLLYWOOD BURN! Just make sure his wife and kids are not in the house, not there fault he is a degeterate POS!
To somewhat quote PULP FICTION.....
Get yourself a couple HARD PIPE HITTIN' NIGGAZ, and I don't mean just LEAD PIPES.... show him how much lovin' men can give to their fellow man!
And just like MARVYN GAYE.... "Can I get a witness??"
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Location:
1st street on the right
Registered:
November 2002
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Re: It happened last friday.....
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Wed, 05 March 2003 08:10
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The only avenue for appeal is against the severity of the sentence. Before the district court, three judges etc.
Got a letter from the solicitor today saying sorry 'bout the decision and loosing your job. here's a bill for $3,500- due in 7 days.
Still waiting for the barristers bill.
If anyone has examples of case's that are the same or worse with lesser penalties I would appreciate details in order to establish some precedents of penalties (esp cool1).
Appeal could take up to 6 mths to come through, I can still work in this time but as I work shifts (so does my wife) and out the back of north penrith I can either get there by public tspt or home but not both per shift. And no wotk is available closer to home.
Speedcore, technically I am guilty. I hit him, that's neg driving. He was injured, thats Grevious Bodily Harm. Apparently his action's don't count in a criminal case, only in a civil case establishing a reduction in liability. If anyone knows any different please let me know.
Thanks for everyone support, email me at clubagreenie@optusnet.com.au if you can assist with details.
Again thanks,
Justin
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I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
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Re: It happened last friday.....
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Wed, 05 March 2003 09:13
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Mate case was physical assault on a police officer it was that I hit him with my car!
I got off because the the charge was changed from assault on a person to assault on a police officer!
The prosecution tried saying that I got out of my car and went out of my way to hurt the cop, but then the truth came out that I didnt know the person was a cop so that charge was dropped.
But I was let off with a $750 fine and 2 years no license!
But on a different subject, I can put you onto someone that could persuade the other guy not to sue you!
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Location:
Sydney
Registered:
May 2002
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Re: It happened last friday.....
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Wed, 05 March 2003 10:19
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the cash settlement will be payed out by the ctcp green slip wont it?
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I supported Toymods
Location:
Sydney
Registered:
May 2002
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Re: It happened last friday.....
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Wed, 05 March 2003 10:21
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Good point!! Is the CTP covering any of this?
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Location:
Sydney
Registered:
May 2002
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Re: It happened last friday.....
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Wed, 05 March 2003 10:23
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cos as far as I understood it all you should be worried about is a criminal record/loss of liscence.
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Location:
1st street on the right
Registered:
November 2002
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Location:
Canberra, ACT
Registered:
May 2002
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Re: It happened last friday.....
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Thu, 06 March 2003 05:07
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Hah, its no wonder why no one respects police or the legal system with shit like this happens  .. Sorry dude, hope it turns out good in the end
-Andrew
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: It happened last friday.....
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Thu, 06 March 2003 06:14
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I dunno, a broken leg is a severe disfigurement
and I must say, that eats shit that there's no provision for blame shifting, even though he was pissed
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Location:
Canberra
Registered:
December 2002
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Re: It happened last friday.....
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Thu, 06 March 2003 06:49
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Christ the legal system sucks ass sometimes. I cant offer any advice as i have never been in this situation i can only offer my condolences and wish you luck and om sure most of the other guys and girls on this forums stand beside me on this.
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Location:
Barossa valley SA
Registered:
January 2003
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Re: It happened last friday.....
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Thu, 06 March 2003 14:09
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I feel so sorry for you man that whole thing is just a load of fucking bullshit
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As the prosecutor said on leaving "You'd be better off if you'd rolled back over him and killed him, you'd be slapped on the wrist for his actions leading to his own demise"
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The sad thing is thats probly true, I know someone who accidently ran over a drunk guy passed out in the road at night. the guy was killed and the person lost her licence for 12 months but that was only because she didnt stop after she hit him.
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Location:
GoldCoast/Brisbane
Registered:
May 2002
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Re: It happened last friday.....
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Fri, 07 March 2003 04:38
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Justin: I am so sorry to hear this man!! About your income loss and such!!
I still do not understand how VICARIOUS LIABILITY does not come into play with this?!!!
So what they are trying to say is that if someone starts to play chicken in the middle of the M1 and gets hit by a 18 wheeler and turned into hamburger meat than it is the truckie's fault????
GET THE FUCK OUTTA MY FACE WITH THIS BULLSHIT!!
Fuck man, if you can't change the circumstances re: your conviction.... I would so fucking extract justice my own way.....
read my dad's book...... HOMEMADE PLASTIK 101 
The police and the judges and the whole legal system in your case my friend.... are the TRUE CRIMINALS!!!
And are the ones who should be punished!! "read above"
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Location:
Gold Coast
Registered:
January 2003
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Re: It happened last friday.....
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Fri, 07 March 2003 12:57
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man that fucking sucks, i can't belive that this type of shit goes on in Australia (in USA i can belive, lol).
But i'm with Speedcore on this one, go down fighting. And just go to work with no licence drive like a granny and ya shouldn't get pulled over.
Nezza 
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Location:
1st street on the right
Registered:
November 2002
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Re: It happened last friday.....
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Fri, 07 March 2003 14:33
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Lodged appeal today. Actually have three avenues for appeal, each can tie up his claim for at least a year each.
Can appeal the severity of the sentence, and am advised before the appeal is processed what the outcome will probably be. Then can apply for leave of appeal, to plead not guilty from guilty. Basically a new trial. Then I can appeal the severity of that sentence if I don't like it.
Then can also apply for a retrial of the not guilty plea if I don't like the outcome.
Did you want fries with your payout sir? and when would you like it?
As for the solicitors bill (3 x the barristers) we can have it assessed (at her expense) by a supreme court appointee to have it reduced.
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Location:
GoldCoast/Brisbane
Registered:
May 2002
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Re: It happened last friday.....
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Sat, 08 March 2003 01:38
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Ok Justin seems like some progress has been or at least can be attempted to be made!
Hang in there ok!!
SPEEDCORE.... fighting for what is right, in this world of SHIT!
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I supported Toymods
Location:
I renounced punctuation
Registered:
May 2002
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Re: It happened last friday.....
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Sat, 08 March 2003 04:12
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Good stuff. Go down fighting.
I'm surprised counsel advised you to plead guilty. I hope you changed your lawyer.
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Location:
GoldCoast/Brisbane
Registered:
May 2002
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Re: It happened last friday.....
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Sat, 08 March 2003 04:37
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gianttomato: Yeah I mentioned that on my first post that Justins first mistake was to plead GUILTY.....
Dude you are clearly not guilty, so go out and have some fun with shaped charges.... oops..... forgot you where attempting to resolve this in a "CIVILIZED MANNER"!!
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I Supported Toymods
Location:
Sydney
Registered:
December 2002
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Re: It happened last friday.....
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Sat, 08 March 2003 11:21
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Yeah man make sure you keep appealing, that way you won't lose your job for a while. Which court did you have to go to??? some judges are really anal and at least if you appeal you will have to go to a different court.
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