Jailed for Killing motorcyclist

[MadKaw]

Man jailed for motorcyclist death
June 26, 2008 12:10pm
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A TRUCK driver who ran a red light, killing a Melbourne motorcyclist, has been jailed for a minimum three months.

Dale Charles Wells, 38, slammed on his brakes as he went through the intersection on the Hume Highway at Craigieburn in Melbourne's outer north, but was unable to stop in time and fatally struck motorcyclist Wayne Felton.

The Shepparton man was charged with driving in a manner dangerous causing death over the November 2005 crash.

In sentencing Wells today Victorian County Court Judge Leo Hart said he made an error of judgment that had terrible consequences.

"There is no evidence that you chose to deliberately run the red light," Judge Hart said.

"Unfortunately the consequences of dangerous driving, even towards the lower end of the scale, are calamitous."

He noted Wells was "very remorseful" for his actions and had trouble living with what he had done.

"You will have this with you for the rest of your life," Judge Hart said.

He ordered Wells serve three months of his sentence and suspended the remaining 12 months.

[Ratmick]

Three months, wtf is with that?

Yes it was an accident, but a life is a life, and if you're not up to controlling a multi-tonne multi-wheeled articulated vehicle then maybe you shouldn't be on the road.

...and he is having trouble living with it...well at least he has the option of living.

Mick

[rooster]

On the positive side maybe just maybe they will start paying attention, still 3 months is better than nothing, although IMHO should have been at least 10 years for manslaughter.

[Stereo]

On the positive side maybe just maybe they will start paying attention, still 3 months is better than nothing, although IMHO should have been at least 10 years for manslaughter.

But serve 3 months with the rest of the sentence suspended...... Although I understand why people would be angry, I have accidentally run a red light before (twice that I can think of) both times I was awake, sober, it was during the day, I wasnt distracted by a phone or a radio or a cute blonde.... I ran the lights because I guess I made a mistake.

[mick_dundee]

That's a fair bit harsher than some of the penalties handed down here in Vic for kiling a motorcyclist.. and yeah 3 months is fuck all in the scheme of things but if we give the bloke 10 years does that bring the motorcyclist back? Besides you don't get 10 years for murder nowadays....

[Shifty]

On the positive side maybe just maybe they will start paying attention, still 3 months is better than nothing, although IMHO should have been at least 10 years for manslaughter.

But serve 3 months with the rest of the sentence suspended...... Although I understand why people would be angry, I have accidentally run a red light before (twice that I can think of) both times I was awake, sober, it was during the day, I wasnt distracted by a phone or a radio or a cute blonde.... I ran the lights because I guess I made a mistake.

OK, look at it this way. I just lost my license and it states on the paperworkthat driving while under a suspension involves up to twelve months imprisonment. So, my father who is quite sick goes silent on the phone and I hear a thud. On the spare of the moment I choose to head over there to make sure he is OK... I can go to jail for up to 12 months.

Yet old mate kills someone, scars numerous witnesses and ruins numerous people's lives and only gets three months? Justice at its best. I have no time for cops or courts and have no belief whatsoever in the legal system. I feel sorry for people like Aardvark who are caught up in the middle of it and cop flak as a result. It is no wonder people sometimes take justice into their own hands.

We all know he wasn't paying attention. I get cut off fuck-knows how many times by cunts who "didn't see me" or whatever, NOT SEEING is a matter of NOT LOOKING. How you miss a red light by enough to sail through and kill someone I have no idea... but I've seen plenty of people do it - trucks and otherwise. I know you're trying to be impartial, but how would you feel if it was your best riding mate? How many other red lights has he run? How big would the jail term have been if it was me, with a history of being a "lead foot" as a Magistrate once described me, and I made the exact same mistake and killed say a young mother?

I understand it from both sides as well, as a friend of mine fell asleep at the wheel and a passenger was killed. He was cleared of dangerous driving causing death and of manslaughter on the technicality that my friend was fine and wearing a seatbelt, and the passenger who was killed did not have a seatbelt on. My mate still talks about it when he has a few too many under the belt and is obviously still paying for it by way of natural emotion and it was a genuine mistake & failing on his behalf and might well not have happened if the passenger had been wearing a seatbelt. That said though if the passenger who was killed was my brother, and I didn't know the driver, I would think the lack of conviction ridiculous.