One law for them another for us

[R650R]

Seems our imported cops cant stay out of the news lately...
Anyway this quote byt he judge is a pearler:
Justice Geoffrey Venning ruled that the district court judge who found Mash guilty did not properly assess Mash's intention to stop behind the Subaru.

"If that was his intention, then, in the situation of emergency he faced I consider he lacked the requisite fault for the conviction to be sustained," Venning said.

The district court judge also failed to deal with the police car's brake failure.

"If, despite the braking, Mr Mash's car was not slowing as much as it should because it was not at a warrantable standard and was experiencing brake failure, the failure to slow down in those circumstances could not be said to be due to any failure by Mr Mash as driver," Venning said.

He quashed the conviction and dismissed the charge.

Anyone who drives a vehicle as part of their job regularly knows that as soon as you pull out the gate you notice if something is wrong or you've been given the crapper from the fleet and drive slower or refuse to etc.. So next time you have a crash blame it on a vehicle fault and get away scot free...
I'm all for police pursuits, its damn fine entertainment and we pay them to catch crooks and mugs. But if you screw up big time you should face the music. And clipping a curb being out of control into oncoming traffic is pure red mist bad driving. A driver/rider is responsible to asses the state of their vehicle before and during any journey and is the sole person responsible for its trajectory absent being hit by a third party etc...

http://www.stuff.co.nz/national/crime/10261570/Chase-crash-officer-cleared

[Berg]

I dunno. Sit in court for a day and be horrified by what softcock judges dismiss these days. Can't say police didn't try to prosecute tho,

[R650R]

I dunno. Sit in court for a day and be horrified by what softcock judges dismiss these days. Can't say police didn't try to prosecute tho,

Actually your right. Been there done that too, the legal system is certainly a game rather than an effective process. Although the case I watched the cops tried to be too fancy with drivers GPS records when old fashioned photos at location x, statements and logbook alone would have been game set match. The fancy stuff all ended up being hearsay.
That particular judge was pretty badass though, he sent a repeat 18 y/o shoplifter to three weeks jail for a wake up call and he gave a damn good sermon to both sides where a petrol station employee sucker punched a war vet who later came back with machete to shop!
Tried to change thread title to another wacko judge but my interweb trickery technical skills are not on par...

BTW I hope that renegade operation that went bust down here didn't squirm out of there outstanding fines obligations for their collective shenanigans, the conspiracist in me wonders if these recent company meltdowns have been intentional although the local crash kings have been in financial strife (aka bleed the company dry for bosses toys) for ages...

[Blackbird]

Wacko judge???? That's as bad as some of the tabloid headings!

Reading the article, it may very well be that the burden of proof was shaky enough to make a conviction unsafe. Still when did anything on KB rely on facts rather than assumptions? :(

[Edbear]

Wacko judge???? That's as bad as some of the tabloid headings!

Reading the article, it may very well be that the burden of proof was shaky enough to make a conviction unsafe. Still when did anything on KB rely on facts rather than assumptions? :(

Hey, KB is all about the facts and getting both sides of the story and logic and fairness. ... Oh, wait. .. No, that's Facebook! Or maybe not... Oh, well, it must be somewhere. Maybe in the courts? :confused:

[willytheekid]

...who did he hurt?:confused:

:corn:

[scumdog]

Seems our imported cops cant stay out of the news lately...
Anyway this quote byt he judge is a pearler:
Justice Geoffrey Venning ruled that the district court judge who found Mash guilty did not properly assess Mash's intention to stop behind the Subaru.

"If that was his intention, then, in the situation of emergency he faced I consider he lacked the requisite fault for the conviction to be sustained," Venning said.

The district court judge also failed to deal with the police car's brake failure.

"If, despite the braking, Mr Mash's car was not slowing as much as it should because it was not at a warrantable standard and was experiencing brake failure, the failure to slow down in those circumstances could not be said to be due to any failure by Mr Mash as driver," Venning said.

He quashed the conviction and dismissed the charge.


Anyone who drives a vehicle as part of their job regularly knows that as soon as you pull out the gate you notice if something is wrong or you've been given the crapper from the fleet and drive slower or refuse to etc.. So next time you have a crash blame it on a vehicle fault and get away scot free...
I'm all for police pursuits, its damn fine entertainment and we pay them to catch crooks and mugs. But if you screw up big time you should face the music. And clipping a curb being out of control into oncoming traffic is pure red mist bad driving. A driver/rider is responsible to asses the state of their vehicle before and during any journey and is the sole person responsible for its trajectory absent being hit by a third party etc...

http://www.stuff.co.nz/national/crime/10261570/Chase-crash-officer-cleared

"O'Connor applauded the judgment saying it showed a judge taking all the relevant factors into account, including the constable's intention to protect the public.

He said it also demonstrated the willingness of police to "throw the book" at officers who transgressed."
And this despite the fault was proven - as opposed to the old "Aw my brakes failed" - when nothing is found wrong with them.

So, ...your problem is??:eek5:

[unstuck]

Oh, well, it must be somewhere. Maybe in the courts? :confused:

The church perhaps??? :innocent:

[Edbear]

The church perhaps??? :innocent:

I see what you did there. ..:calm:

[blackdog]

So who is being prosecuted for having the car on the road in an 'unwarrantable' condition?

[R650R]

So who is being prosecuted for having the car on the road in an 'unwarrantable' condition?

Hmmmmm seems they forgot to issue themselves an infringement notice for that one :)





Reading the article, it may very well be that the burden of proof was shaky enough to make a conviction unsafe

Yeah I guess the fact that the defendant hit the curb and lost control where the offender didn't isnt enough evidence of at least careless driving...
And operating a vehicle with defective brakes... guess the post crash evidence done by cops/testing station? must be shakey also...
If this was Joe Blow public crashing in same manner or even the fleeing driver there is NO WAY they would escape a careless use charge, infact prob be billed as reckless.




So, ...your problem is??:eek5:

The revolving door exit at the courtroom reserved for the old boys network... or the ineptitude of the judge???


Hey, KB is all about the facts and getting both sides of the story and logic and fairness. ... Oh, wait. .. No, that's Facebook! Or maybe not... Oh, well, it must be somewhere. Maybe in the courts? :confused:

The facts are all there, just been ignored in this case...

[awayatc]

So, ...your problem is??:eek5:

Nothing wrong with a bit of leniency...
nothing wrong with not finding blame ...
nothing wrong with not fining somebody....
Nothing wrong with not sentencing somebody...


it would just be nice for the members of your brotherhood to take that approach to
heart as well when dealing with the general public.

My problem...?

My problem is that most cops lack this ability

[scumdog]

Nothing wrong with a bit of leniency...
nothing wrong with not finding blame ...
nothing wrong with not fining somebody....
Nothing wrong with not sentencing somebody...


it would just be nice for the members of your brotherhood to take that approach to
heart as well when dealing with the general public.

My problem...?

My problem is that most cops lack this ability

It happens to Joe Public too ya know - well I certainly know it does.

And if he'd been a Maori prince you wouldn't bang on about it...oh wait...:shutup:

[awayatc]

I have to take your word for it scummy

Trying to remember when last time was that I was shown a bit of consideration by blue brigade.....

maybe its just my bad luck, but only can remember one single instant...

every other time I am made to bent over......

becomes a bit tedious

[Banditbandit]

Oh come on ... the cop wasn't in the wrong in this case ... he made a split second decision ... as he needed to in the circumstances ...

And I've been treated both harshly and leniently by the law enforcement officers ... and by the courts.

In the end, we are all human beings ...

[Blackbird]

I have to take your word for it scummy

every other time I am made to bent over......

becomes a bit tedious


Well, you do ride a Harley :bleh:

[ElCoyote]

Wacko judge???? That's as bad as some of the tabloid headings!

Reading the article, it may very well be that the burden of proof was shaky enough to make a conviction unsafe. Still when did anything on KB rely on facts rather than assumptions? :(

Good on you for sticking up for your father

[Blackbird]

Good on you for sticking up for your father

Hahaha - old enough to most likely be his :yes:

[R650R]

Oh come on ... the cop wasn't in the wrong in this case ... he made a split second decision ... as he needed to in the circumstances ...

And I've been treated both harshly and leniently by the law enforcement officers ... and by the courts.

In the end, we are all human beings ...

But he is a professional road user that we expect a higher degree of driving from.
The dangerous thing about a case like this is it sets a precedent for a boy racer to get off in same circumstances if police 'evidence collecting' is at same level.
The correct thing would have been at least a guilty of careless use charge but with minimal penalty given circumstances.
As soon as the courts do stuff like this it opens a can of worms for future cases.

[admenk]

In the end, we are all human beings ...

You speak for yourself, I'm British.....

[awayatc]

Ah well,
nobody is perfect....
As long as you are healthy....