New Zealand Court processes [Archive]

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Gareth123

6th July 2007, 16:39

Okay I was in a bad accident just over 2 months ago. A cage driver (which i am now, unfortunately one) didn't look before turning right and i hit him at 100km/h. As he was coming towards me before turning right and because he didn't look he's being charged with careless use of a motor-vehicle causing injury. Everything is sweet there. Guy acts like a moron and gets charged. I was happy.

Here comes the real kicker, he goes to court and gets placed on remand to appear again. He does and again gets placed on remand. No plea has been entered. Surely the judge would ask "Are you guilty or not guilty?" and the guy would give his answer and things would proceed from there. How can someone appear in court twice and not enter a plea?

If this keeps going it makes me want to buy a set of dark clothing including a balaclava and practice some arse kicking on his arse:spanking:

Has anyone experienced this before? Does it eventually get resolved? Or am i going to have to find someone who knows a guy who can return the "favour" of numerous broken bones?

Goblin

6th July 2007, 16:50

Has anyone experienced this before? Does it eventually get resolved? Or am i going to have to find someone who knows a guy who can return the "favour" of numerous broken bones?Yes I have. After my head-on incident the old cunt plead not guilty and it dragged on for months and months. His lawyer found every excuse in the book to delay proceedings. He was eventually found guilty by the judge and sentenced to 200 hours community service and 6 months loss of licence. At least I out-lived the old cunt but I do regret not going to his funeral/wake and drinking as much piss as possible and causing havoc!

SARGE

6th July 2007, 16:52

violence never solved anything ..

:innocent:

(except Fascism, slavery, WW1, WW2, ...

Gareth123

6th July 2007, 16:58

violence never solved anything ..

Yeah but it would sure make me feel a lot better.

The old guy who hit me has actually told me he can't understand why he's being charged because he didn't do anything careless or dangerous he just didn't see me!:shit:

Can't wait until i'm all better...

TLMAN

6th July 2007, 17:07

Whats the charge? Careless or careless causing injury? If it is the latter then it holds a 6 month disqualification period as well as a hefty fine, whereas careless use is pretty minor. He is probably stalling as he doesnt want to lose his licence or is seeking legal advice.

Scouse

6th July 2007, 17:07

The old guy who hit me has actually told me he can't understand why he's being charged because he didn't do anything careless or dangerous he just didn't see me!This is all good for you as you can have your lawyer or police prosecutor use this as an example of how he is not showing any remorse for his actions.

Goblin

6th July 2007, 17:07

Yeah but it would sure make me feel a lot better.

The old guy who hit me has actually told me he can't understand why he's being charged because he didn't do anything careless or dangerous he just didn't see me!:shit:

Can't wait until i'm all better...:gob: That's more or less what the old cunt that hit me said...only he said I shouldn't have been there. All I really wanted was an apology or him to say sorry I was hurt but no...he was old and never had an accident in 50 years so he cant have been at fault!

Patrick

6th July 2007, 17:12

He is probably stalling as he doesnt want to lose his licence or is seeking legal advice.

Or his lawyer is... is it legal aid? If so, every appearance the lawyer gets paid taxpayer funded $$$. So well worth dragging it out, as the old codger doesn't have to pay anything......

In answer to "I just didn't see you..."

"ARE YOU FUCKING BLIND OR WHAT?"

Patrick

6th July 2007, 17:14

:gob: only he said I shouldn't have been there.

Should have said, "No, coffin dodger... you shouldn't be here... in more ways than one..."

TLMAN

6th July 2007, 17:20

Or his lawyer is... is it legal aid?

Good point I never thought of that!

Goblin

6th July 2007, 17:20

In answer to "I just didn't see you..."

"ARE YOU FUCKING BLIND OR WHAT?"Or "Because you weren't fuckin LOOKING!"

Should have said, "No, coffin dodger... you shouldn't be here... in more ways than one...":laugh: coffin dodger!

doc

6th July 2007, 17:54

Or "Because you weren't fuckin LOOKING!"

:laugh: coffin dodger!
Cmon, Goblin get it off your chest we are here for you. Our ACC levies are going to make these people aware of you. Good reason to pay more, it makes us safer, until they are that pissed they can't focus. That's when they throw the book at them and forget about us. That is until they do the bean counting thing and work out the cost of our rehab and charge to us in our levies. Well that how I feel about it anyway.

peasea

6th July 2007, 17:57

Yeah but it would sure make me feel a lot better.

The old guy who hit me has actually told me he can't understand why he's being charged because he didn't do anything careless or dangerous he just didn't see me!:shit:

Can't wait until i'm all better...

I think is was (most likely) an Asian who once said; "there's more than one way to skin a cat"

Keep your head down, say nothing, just do it. It's unlikely you'll get satisfaction in a courtroom anyway. Get well soon and PM me with a note as to your methodology.

Goblin

6th July 2007, 20:11

Cmon, Goblin get it off your chest we are here for you....No not the ACC debate/debacle:pinch:....thats a whole new thread.

I did learn that it's not only intersections you have to be aware at....any cage coming towards you can just turn right infront of you and you're fucked if you dont see it coming. Infact I narrowly missed being hit head on, with my son on the back, a coupla weeks back. Stupid teenage girls giggling like it was a fuckin big joke! :angry: If I didnt have my boy on the back I would have chased them down and *555ed them for dangerous bloody driving!

doc

6th July 2007, 20:51

No not the ACC debate/debacle:pinch:....thats a whole new thread.

I did learn that it's not only intersections you have to be aware at....any cage coming towards you can just turn right infront of you and you're fucked if you dont see it coming. Infact I narrowly missed being hit head on, with my son on the back, a coupla weeks back. Stupid teenage girls giggling like it was a fuckin big joke! :angry: If I didnt have my boy on the back I would have chased them down and *555ed them for dangerous bloody driving!
Last off I had was comming home home from the Kiwi in 04. Straight piece of road I felt we were travelling too fast, probably cos I had my 16 year old daughter on the back and it was wet. All I remember which I mentioned quite often while giving a statement when we got out of the hospital was "Seeing purple flashes as we went down real fast on a straight bit of road. Bike followed the traffic we cartwheeled down the road crossing through the traffic and finished on the other side of the road, managed to avoid the stock trucks etc. Three weeks later the police notified my wife by phone they had decided not to prosecute me for "careless use causing injury". They didn't mention that the two cars following had given us their details that we werent going fast and just fell over. Wife asked if we could claim against the road conditions. They said it was not of their concern why the accident happened just that some one was injured (Daughter was transported to local hospital for x-ray by Ambulance which require acountablitity for their use ) Really I think if the bike was ridable she should have hardened up an we got the fu.ck out of there before the authorities arrived but she could't stand up so I was fUC.KED. Oh well shit happens wife would never allow her to get a license to go to the Kiwi on her own bike. I suppose I should have hardened up and allowed her to get a license and do what she wanted. But the wife has a firm grip on my ball's cos of her income. So I'm fuc.ked what ever I do.

fireliv

6th July 2007, 21:04

Someone is allowed 2 remands without plea before a plea has to be entered, unless they have exceptional reasons for not entering a plea. If it is careless driving causing injury, then a definate disqualification will be entered at sentencing.

If a not guilty plea is entered and the matter ends up draging through a hearing and the old guy is found guilty, then his sentence will be harsher than if he had plead at the begining.

I suggest you get in touch with the cop, and file a Victim mpact report. Make it a sobby as you can, and ask the guy to pay all your damages. Give them quotes for your bike etc. including gear and any doc bills or anything you can get your hands on.

Good luck!

Patrick

6th July 2007, 21:11

If a not guilty plea is entered and the matter ends up draging through a hearing and the old guy is found guilty, then his sentence will be harsher than if he had plead at the begining.

Sorry... bad news... you would think that, but the reality is quite different. Been to plenty of hearings, folk who plead guilty at the first hearing and are sentenced to $500, 6 months disqualification.

The very same day, a Defended hearing goes all the way, after remands for various reasons, both sides perhaps, and on the day, after all evidence is given, found guilty. Penalty: $500 and 6 months disqualification... go figure.

fireliv

6th July 2007, 21:15

Sorry... bad news... you would think that, but the reality is quite different. Been to plenty of hearings, folk who plead guilty at the first hearing and are sentenced to $500, 6 months disqualification.

The very same day, a Defended hearing goes all the way, after remands for various reasons, both sides perhaps, and on the day, after all evidence is given, found guilty. Penalty: $500 and 6 months disqualification... go figure.

Depends on the Judge yes. But Christchurch judges have a big thing about when pleas are entered, and more often than not they will comment on what they believe the sentence would be if a plea had been entered at an earlier stage

Patrick

6th July 2007, 21:19

Depends on the Judge yes. But Christchurch judges have a big thing about when pleas are entered, and more often than not they will comment on what they believe the sentence would be if a plea had been entered at an earlier stage

Chch, well and good, and damned well how it should be... I'm talking about courts in... Auckland, (Central, North, South and West...), Warkworth, Kaikohe, New Plymouth, just to name a few.

Gareth123

7th July 2007, 10:59

I suggest you get in touch with the cop, and file a Victim mpact report. Make it a sobby as you can, and ask the guy to pay all your damages. Give them quotes for your bike etc. including gear and any doc bills or anything you can get your hands on.

I have. I'm really lucky, the cop handling my case is a friend of my landlords. He's looking after me. Going for the sob story? Already done. My accident doesn't just affect me, it affects the 20 kids i teach karate too twice a week. I'm hoping i'll get something in damages.

:gob: That's more or less what the old cunt that hit me said...only he said I shouldn't have been there. All I really wanted was an apology or him to say sorry I was hurt but no...he was old and never had an accident in 50 years so he cant have been at fault!

Man do I know that feeling! If i was able to walk when the guy told me "I don't understand..." I would've kicked his arse!

Gareth123

7th July 2007, 11:09

Get well soon and PM me with a note as to your methodology.

Methodology? Get several of my mates from karate and break the same number of bones in him as he broke in me...actually scratch the mates, i'd do it myself. First the knees, that way he can't run...:kick:

I'm not really this mean, actually i'm quite nice, dreams are free though.

The Pastor

7th July 2007, 11:15

Yeah court takes time. Im not sure that this court can award costs for damages (i think you have to do another run once hes found guilty but I may be wrong).

If insurance are going to pay out nicely i'd let them sort the money out.

Everyone makes mistakes accidents happen just sit back have a beer and be happy you arnt dead.

If insurance won't pay out for what ever reason (they are assholes) then get the money out of him, but with doing that he can pay you like $10 a week......

Gareth123

7th July 2007, 11:27

Insurance has paid out but i'm still about $750 outta pocket. The company only paid out on the gear that was for motorcycling use. All the gear under the jacket that was cut off me has to be claimed under house and contents which i don't have. Plus the insurance company knowing i'd only had the bike for 2 weeks paid out less than what i'd paid for it! And that was after i'd said no to the first offer which was $1k under the value of the bike!

Patrick

7th July 2007, 12:40

Gareth123

7th July 2007, 12:58

Yip, its all in there. Can't wait for this to be over.

Goblin

7th July 2007, 23:23

Good luck Gareth! I know what you're going through.

Hope you are back on two wheels sooner than later.

candor

8th July 2007, 01:11

Expect a slap on hand. They can kill and just get a few hours community service no fine if they plead poverty. But if you know where he lives get the car rego, make, colour and check at Post office who owns it - cheap or free I think. Then point out he owns car when pleads poverty. A friends brothers road killer got his car confiscated - not sure if for punishment or what.

Gareth123

21st July 2007, 13:23

Patrick

22nd July 2007, 16:31

The guy has pleaded not guilty. I've decided i'm going to have to increase the monetary losses i've suffered because of the accident. Can you believe that my parents charged me to stay at thier place while i was recovering?:shit: Seriously i'm not joking!

Geez... family like that, who needs enemies...

Update the Victim Impact Report and include this cost in there as well....

Gareth123

23rd July 2007, 15:42

Geez... family like that, who needs enemies...

Update the Victim Impact Report and include this cost in there as well....

My parents are pretty good. Can't complain about them too much. Just glad i'm living back out at Rangiora away from them!

Guitana

23rd July 2007, 17:10

Too bad we dont have a court system like the USA you could've sued him for 75 Million for damaging your trousers!!!!

avgas

23rd July 2007, 17:15

Yep, but don't worry, because even when he does actually get found guilty....the deal will mean that he will only get a small fine and small license disqualification. Probably decreased because he only hit a guy on a motorcycle.
If i was in those shoes again, i'd just pay a thug. Not kill him, just ruff him up a bit.

Spuds1234

23rd July 2007, 17:17

My parents are pretty good. Can't complain about them too much. Just glad i'm living back out at Rangiora away from them!

It wasnt to bad when you were living back at home. Sure there was nothing for you to do until you bought that car to get around in.

And you only paid 80 a week and that generally got you 1 or 2 square meals a day (breakfast optional), all food and power paid for. Your washing done for you (and folded) and your bum wiped when you needed it ;)

Toaster

23rd July 2007, 17:24

If this keeps going it makes me want to buy a set of dark clothing including a balaclava and practice some arse kicking on his arse:spanking:

Has anyone experienced this before? Does it eventually get resolved? Or am i going to have to find someone who knows a guy who can return the "favour" of numerous broken bones?

Welcome to NZ justice mate.... justice for crims and losers, but rarely ever real justice for the poor victims.

Oh, and leave the dressed in black arse-kicking to me.... but I am not cheap.

Gareth123

26th July 2007, 12:33

...your bum wiped when you needed it ;)

The only person who had to wipe my arse when i got home was me! I pity the nurses in hospital though...they had it tough!

Welcome to NZ justice mate.... justice for crims and losers, but rarely ever real justice for the poor victims.

Oh, and leave the dressed in black arse-kicking to me.... but I am not cheap.

Why would i leave it to you when in a few months i'll be able to do it myself?

Was stoked the other day, i managed 5 pushups! Used to be able to do 70 or 80. 5 is a good start though.