SA Great the backwards state

[Toddler78]

after all the hype of hoon driving and crushing offenders cars and the record death toll already this year

we get this [http://www.adelaidenow.com.au/news/south-australia/drag-races-spared-from-jail/story-e6frea83-1225834866728


TWO high-speed drag racers who seriously injured a woman in a crash have escaped an immediate jail sentence.
District Court judge Dean Clayton today said Vichat Thach and Quang Minh Chau had "narrowly" avoided being sent straight to prison for their "outrageous" driving along Port Wakefield Rd at Burton, in February 2008.

Thach, 19, of Parafield Gardens, had pleaded guilty to causing harm by dangerous driving and to leaving the scene of an accident.

Though was originally charged with causing harm by dangerous driving and Chau, 27, of Salisbury Downs, was found guilty of the lesser charge of driving in a dangerous manner.

Judge Clayton said the scenario of tragic accidents involving young men and high-powered vehicles was "way too prevalent" in today's society.

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Related CoverageDistrict Court: Drag racer prays for victim
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"Both of you were driving high-powered cars and were travelling at perilous speeds," Judge Clayton said.

"In doing so each of you were acting with no regard for other road users and created a danger which was unacceptable."

Judge Clayton said Thatch had admitted his Nissan Skyline had reached 140km/h before veering in front of Chau's Subaru WRX which became airborne, barrel-rolled into a bus and collided with another car.

That driver suffered severe brain injuries.

Judge Clayton said Thach had co-operated with authorities since the crash and had testified against Chau during his trial.

"I accept this is motivated, at least in part by your contrition, I accept that you are extremely remorseful," he said.

He said Chau, however, had accepted little responsibility for the crash.

"Sadly your attitude throughout is that is that you are yet to acknowledge (your culpability).

"Your failure to understand just how bad your driving was is a worry."

He said it was "ironic" that Chau had immigrated after being brought to Australia to treat injuries he sustained from a car accident.

Judge Clayton spared both men from jail, suspending their one-year sentences.

He suspended Thach's license for 12 years and Chau's for five years.

Both men were also ordered to do 150 hours of community service.


what message does this really send?
do the wrong thing and we will come down on you hard but once your before the judge a smack on the wrist will do
the courts system and the police really need to get on the same page.

[BLACKVE]

He's a law student it's alright:confused:

Seen that on the news and very surprised, if you get caught the so called hooning 3 times car crushed etc, almost kill a bus load of people walk free:confused:


For interstaters drag race between 2 ricers ended up in one crossing the medium strip on 4 lane rd(pt wakefield rd) and launched in to the side of a bus horrific accident

[Toddler78]

He's a law student it's alright:confused:



A bloody good one if he defended himself

[Party Pete]

What a great system we have. You have people being crucified for minor offenses and when these two twits permanently injure someone they get practically nothing. There is no proportion in the penalties at all.

[Phizzle]

Drunk drivers get off lighter than anyone caught chucking a bit of a skid.

Until that little doosey is resolved I refuse to buy into any of this making the streets safer crap.

[SINISTER R8]

drives you bloody insane, how can they let these 2 wankers off for nearly killing so many people. just shows how much of a waste out justice system is, it is so easy to get off nearly scott free for doing some bloody crazy and stupid stuff its not funny.

And whats the go with the suspended driving sentences for the two, He suspended Thach's license for 12 years (he was the one that helped the cops straight away after the accident and helped the cops make a case against his mate Chau), and got Chau's was five years (and he still doesnt give a shit by the sounds of the news article). a total crock up by the court system.

[whitels1ss]

Mike Rann is so out of touch!
He reckons nothing is working in his anti-hoon laws.
Why can't he see that some people get enjoyment from performance cars and it is not a sickness?
Let the guys have a track to use off road, he does not have to go there himself! (Who would want to see him there anyway?)
I have heard stories many times that the guy has never even owned or driven a car in his life! :confused:
What sort of a man is that?:limpy:
Not one I can relate to! :vpo:
Hope he gets his sorry arse kicked hard at the election!

[Tyre biter]

what message does this really send?
do the wrong thing and we will come down on you hard but once your before the judge a smack on the wrist will do
the courts system and the police really need to get on the same page.


What a great system we have. You have people being crucified for minor offenses and when these two twits permanently injure someone they get practically nothing. There is no proportion in the penalties at all.

I agree however our 'system' revolves around the three arms of government and the inability for the remaining arms to interfere with the judiciary (Magistrates and Justices) - this is called the 'separation of powers'.

It has nothing to do with the Courts and Police being on the same page - rather it is the Police who are just as much aghast at decisions and penalties issued by the Courts however they are powerless to influence the same.

This is why Traffic Infringement Notices (TIN) and the alike (madatory sentencing) are such wonderful things for government. The first ensures the government's coffers are well topped up whereas the Court's financial penalties are very often less than a TIN. The second is something a government can use in it's bid for re-election in that it is hard on crooks/crime - in this case, 'hoons' and thereby appeal to the wider public.

Make no mistake the Courts are no fan of mandatory sentences - their noses very much out of joint because they judiciary have repeatedly shown heir disdain that the law (thereby the people) should have the say over them. Ever seen a judge down the pub, paying green fees on a public gold course or at a caravan park? I rest my point as to the small, insular and insulated circles in which they live.

Our system is adversarial one inherited from the English, and unfortunately this includes the pompous attitudes of the judiciary. I site the SA judge who in a rape case several years ago stated that a husband is allowed to be heavy handed in demanding/undertaking sex from his wife (who was not a willing participant) meaning he could physically force her to have sex with him - how out of touch with the standards of the community was that old coote! Government and the people were powerless to intervene or even dismiss the judge, and examples of this ilk are why mandatory sentencing arises from time to time despite it being unfair at times and unable to take into account the circumstances of the breach.

Now if we had an inquisitorial system like the Italian and French Courts I would rejoice - a system designed at getting to the truth and not one bound by (our) rules of evidence that have nil regard for the truth nor even justice. I also would love to see our judiciary elected as opposed to life-time tenure without any level or degree of accountability.

Sorry for the rant.

Cheers, TB

[Toddler78]

I agree with you there tyrebiter.

what annoys me is IF a judge does hand out a resonable sentence/penity fitting the crime, it is instantly appealed against and usually lessened :weird:

I deal with the police often in my occupation and often have a bit of a chat with them as they are investigating a crime, you can kind of tell how long they have been doing the job by how keen they are to solve the case, many of them arnt at all interested anymore as they know all their hard work is going to be all for nothing when the offender gets a suspended sentence and a small fine. (most of the investigations involve agrevated assult or rape)

something else interesting to note that I didnt originally post as I couldnt find a link to the story - the consortium that is trying to get a dragstrip and motorplex here in adelaide have had their application to have a stall at the clipsal 500 denied twice from the goverenment as it is deemed 'too political'

[dawkinsdisciple]

good summary on seperation of powers biter
out of curiosity (you don't have to answer...) how were you involved in the legal system? you seem to possess a pretty good insight into it

[Martin_D]

I deal with the police often in my occupation....

Thought you gave up the jewel heists Toddler? :eek:

[Tyre biter]

...you can kind of tell how long they have been doing the job by how keen they are to solve the case, many of them arnt at all interested anymore as they know all their hard work is going to be all for nothing when the offender gets a suspended sentence and a small fine.

I think it's more a case of combat fatigue. It's like the mail really - it doesn't matter what you do today, the same will be waiting for you tomorrow. They either get all churned up, obtain a glass is half full outlook and use the infamous TJF saying, or they pace themselves, have a pragmatic outlook as opposed to pessimistic one and come to realise that one they have established their case in Court, the rest is not in their hands; thereby accepting of whatever comes (difficult to do at times). To do otherwise would just do one's head in.


good summary on seperation of powers biter
out of curiosity (you don't have to answer...) how were you involved in the legal system? you seem to possess a pretty good insight into it

Thanks DD.

Who said that I was (involved in the legal system)...:hide: Just my observations of, and ramblings arising out of this thing we call life really - not much else...

Cheers, TB

[dawkinsdisciple]

infuriating attitude re toddlers latest post

balancing freedoms against societal safety is one thing but how the hell can one mouth say "political issue" re. drag strip and "get off the streets" with the other. mind-bendingly hypocritical and obviously catering to the political road safety bandwagon - few more voters on that then the responsible car-enthusiast one. why don't we have an equivalent to that joke the"pedestrian council"???

for a place like cairns it's borderline ridiculous - some of the best driving roads within 2 hours of here in severly de-populated areas with no outlet for motorsport (besides a burnout pad...) creates a lot of frustration.