David Hookes - Rest In Peace

[ducatijb]

I'd just like to thank VG for his comentary ... cool and level-headed as usual.

You'll go a long way :banghead:

Would it be right to say that they have kept the original assault charge incase the manslaughter charge fails

[Velvet Glove]

I'd just like to thank VG for his comentary ... cool and level-headed as usual.

You'll go a long way :banghead:

Would it be right to say that they have kept the original assault charge incase the manslaughter charge fails

I'd say so, what they call a 'back up' charge. There has been that much conflicting crap coming out of the media in relation to who started what (as I fully expected) that it will be hard to judge exactly what happened until the matter ends up in Court. If the only reason they upped the charge to manslaughter was because someone died, then the charge could fail unless they prove the guy's intention/recklesness.

Unless you know an eye witness I wouldnt believe what you read in the press until the trial....and unfortunately, after the initial media frenzy, you will note that it rates barely a comment today. They have sold their papers and moved on, soulless f*ckers!!!

If one positive comes out of this tragedy, it will be to focus a very large spotlight on the 'security' industry and get people who cannot control their anger or their streoid use out of the clubs/pubs that we go to to have a good time. If I hear one more comment about bouncers like 'well they have to put up with a lot, you cant be surprised this sort of thing happens' I will vomit. That what they get paid to do and if they dont like it then quit. When people play up in clubs/pubs both security staff and Police have roles. When security tries to move into the Police role then problems start.

Only got a little publicity in Canberra, but a Bobby McGees bouncer got convicted of GBH after throwing an unconscious patron (unconscious after the bouncers choke hold) down a set of exterior stairs and the punter landing on his head. Sure he may have played up inside but did the ends justify the means ?

And what did he get in Canberra....a suspended sentence. The magistrate said some blame should be levelled at the clubs serving of alcohol policy and the fact that the bouncer hadnt been adequately trained. I guess he must have missed the 'choke someone and thrown them down the stairs' lesson.

[KEN 24T]

I'd just like to thank VG for his comentary ... cool and level-headed as usual.

You'll go a long way :o

What? :banghead:

Ignore him officer, Sir ... :o

... is it just me, or does he (ducatijb) look a little shifty? You know he's one of those ... BIKKIES!

[Velvet Glove]

What, he's a biscuit ??

You didnt mean BIKIES did u ?

Yes....I crack myself up

[ducatijb]

The old b@atard will be calling me "arnotts"next time I see him

Contemplating hanging up the helmet soon,sick of being near executed every week

[JJ_Phantom]

VG - Is it true that there is a legislative requirement that requires that the charge is increased to manslaughter (still containing the same bail conditions) if the victim passes away?

[JB]

Yeah Ducatijb, just sold my 996 3 months ago for the same reason Oh well least I can say I have had the experience, time to focus my time and enjoyment factor on my T now think.

Unfortunately they give licenses to anyone these days, and most of them cannot drive let alone look out for motorcyclists.

But then again you could be in Hooksy's shoes, wrong place, wrong time,

R.I.P Hooksy.

[Velvet Glove]

that's not my understanding of it. But I'll stand corrected if I'm wrong. Its really hard to sort out whats going on in the whole thing. Who started it etc etc ? The tyep of scenario that I described before may or may not be anything like what actually happened.

If someone who has punched numerous people in the head before (that havent died) and they punch someone the same way who had a particularly sensitive spot where they were hit and they die, and the puncher had absolutely no idea that the person had that sensitive spot, and following from that could not be reasonably expected to foresee that person would die, then you would be hard pressed to get anything other than an assault out of it.

I think the issues that will come out here is

1) Provocation ?

2) Who started it ?

3) Why it ended up 70m down the road ?

4) What exactly happened when HOOKES was struck; and

5) Whether the end result was foreseeable or a realistic possibility as a result of the actions.

Situations like this one make it very hard for people to understand exactly what goes on with the law. Its not as basic as killing someone and getting charged with murder. There are so many other issues. Until the government does what its promised for years and writes the law in 'plain english' and makes it accessible to the average man in the street then there will always be a large hue and cry in similiar tragic circumstances.

Clasic case that may explain it all is CRABBE's case. In this one a disgruntled punter drove an 18 wheeler into a diner somewhere in Central Oz, killing a number of people. He was charged with murder but said that he only intended to drive into the diner, not kill anyone. It was found that it was reasonably foreseeable that people would actually be in the diner at the time, and him crashing his truck through it could kill them so he was found guilty.

Compare that with the same scenario of him driving into it at 4 in the morning (lets say it closed at 11) and killing the cleaner who normally went in there at 6 but started early, unbeknowns to everyone else. You'd be hard pressed to charge with murder/manslaughter there as the death of the cleaner wouldnt really be foreseeable.

Excuse the excessively long answer. I have been studying law for a while and, while it is an ass, its a bit of a passion of mine

[CHIPS]

Great reding V.G

- Love youre informative posts.

[hypnodoc]

[

Micevic's lawyer, Brian Rolfe, said his client had been receiving hate mail and death threats.

He said media had been camped outside Micevic's house and his family had been forced to flee their homes.

Good bloody job I say, what sort of Mongrel Ba$tard would hit anybody that hard, and if they did it for a job (so called security) what the hell are they doing 70 metres down the road. SCUM SCUM SCUM this bloke see how tough he is when those Pentridge Boys get hold of him. No Excuses for this one, way beyond equal force even if this *beep*.