New Zealand Court processes

**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

Originally Posted by fireliv

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

Originally Posted by Patrick

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

Originally Posted by fireliv

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

Originally Posted by fireliv

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.

Originally Posted by Goblin

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

Originally Posted by peasea

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...

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

Originally Posted by Gareth123

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!

Make sure these losses are in your victim impact statement. The court could order these losses be covered by him, as your insurance wont cover it...

**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

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?

Seriously i'm not joking!

**Patrick** · 22nd July 2007, 16:31

Originally Posted by Gareth123

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?

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....