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	<title>Comments on: Deadly street race driver jailed</title>
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	<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/</link>
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	<item>
		<title>By: Cupid Stunt</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117875</link>
		<dc:creator>Cupid Stunt</dc:creator>
		<pubDate>Tue, 24 Feb 2009 15:19:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117875</guid>
		<description>Hear Hear BJ. 
Both were fools, one has suffered the consquences and the other is about to. NO SYMPATHY.
If you want to drive fast go to a track day.....or drive in Europe. Ha Ha</description>
		<content:encoded><![CDATA[<p>Hear Hear BJ.<br />
Both were fools, one has suffered the consquences and the other is about to. NO SYMPATHY.<br />
If you want to drive fast go to a track day&#8230;..or drive in Europe. Ha Ha</p>
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		<title>By: GGG</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117834</link>
		<dc:creator>GGG</dc:creator>
		<pubDate>Tue, 24 Feb 2009 10:08:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117834</guid>
		<description>I dont think its odd - I can see both side of the coin BUT I still cannot get over the laws surrounding the engagement of a robber on your own property - this equal force limiattion stuff is B.S.</description>
		<content:encoded><![CDATA[<p>I dont think its odd &#8211; I can see both side of the coin BUT I still cannot get over the laws surrounding the engagement of a robber on your own property &#8211; this equal force limiattion stuff is B.S.</p>
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	<item>
		<title>By: RoFlmaTiC</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117822</link>
		<dc:creator>RoFlmaTiC</dc:creator>
		<pubDate>Tue, 24 Feb 2009 08:30:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117822</guid>
		<description>I&#039;m pretty sure that the driver has to have been a &quot;substantial cause&quot; of the death rather than totally responsible for it Mike, so passing the causation test is not THAT hard.

I&#039;d love to be able to read a transcript of this case. It&#039;s very likely that there were other circumstances that night that aren&#039;t mentioned in this article. The article on ninemsn mentioned witnesses seeing the cars tailgating each other before going over a hill and then there being a crash afterwards... this would have made it easier for the jury to come to a decision of guilty.</description>
		<content:encoded><![CDATA[<p>I&#8217;m pretty sure that the driver has to have been a &#8220;substantial cause&#8221; of the death rather than totally responsible for it Mike, so passing the causation test is not THAT hard.</p>
<p>I&#8217;d love to be able to read a transcript of this case. It&#8217;s very likely that there were other circumstances that night that aren&#8217;t mentioned in this article. The article on ninemsn mentioned witnesses seeing the cars tailgating each other before going over a hill and then there being a crash afterwards&#8230; this would have made it easier for the jury to come to a decision of guilty.</p>
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	<item>
		<title>By: Dadd</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117809</link>
		<dc:creator>Dadd</dc:creator>
		<pubDate>Tue, 24 Feb 2009 07:46:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117809</guid>
		<description>BJ - I&#039;m with you 100%. The only downside is that decent hardworking people have to pay taxes to keep the waste of space housed and fed.</description>
		<content:encoded><![CDATA[<p>BJ &#8211; I&#8217;m with you 100%. The only downside is that decent hardworking people have to pay taxes to keep the waste of space housed and fed.</p>
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	<item>
		<title>By: Mike</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117806</link>
		<dc:creator>Mike</dc:creator>
		<pubDate>Tue, 24 Feb 2009 07:30:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117806</guid>
		<description>Also consider this:   Had the other driver lived, but been badly injured, would the healthy driver still be charged (albeit a lesser charge?).    What if they were both injured....would they pin it all on the one driver?</description>
		<content:encoded><![CDATA[<p>Also consider this:   Had the other driver lived, but been badly injured, would the healthy driver still be charged (albeit a lesser charge?).    What if they were both injured&#8230;.would they pin it all on the one driver?</p>
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		<title>By: Mike</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117805</link>
		<dc:creator>Mike</dc:creator>
		<pubDate>Tue, 24 Feb 2009 07:26:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117805</guid>
		<description>&quot;I’ve not come across the details of the case but it might be that the driver was convicted of this offence instead:

www .austlii.edu.au/au/legis/vic/consol_act/ca195882/s319.html (remove space after www) &quot;



Even that is open to interpretation.   The tone of that BJ poster is just awful.  Hes 100% right, probably some 2nd year law student, and we are all dumbasses.   Anyway, the link above states :


&quot;A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and
liable to level 5 imprisonment (10 years maximum).&quot;

The key word is CAUSES.    This would apply if that individual crashed into a pedestrian or another vehicle, causing injury or death.  This wasnt the case here.   The case here can still &quot;fit&quot; the above law, but like I said, its open to interpretation , and the judges motive is surely to deter others doing the same thing.   It is noble, but is it just?</description>
		<content:encoded><![CDATA[<p>&#8220;I’ve not come across the details of the case but it might be that the driver was convicted of this offence instead:</p>
<p>www .austlii.edu.au/au/legis/vic/consol_act/ca195882/s319.html (remove space after www) &#8221;</p>
<p>Even that is open to interpretation.   The tone of that BJ poster is just awful.  Hes 100% right, probably some 2nd year law student, and we are all dumbasses.   Anyway, the link above states :</p>
<p>&#8220;A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and<br />
liable to level 5 imprisonment (10 years maximum).&#8221;</p>
<p>The key word is CAUSES.    This would apply if that individual crashed into a pedestrian or another vehicle, causing injury or death.  This wasnt the case here.   The case here can still &#8220;fit&#8221; the above law, but like I said, its open to interpretation , and the judges motive is surely to deter others doing the same thing.   It is noble, but is it just?</p>
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	<item>
		<title>By: RoFlmaTiC</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117801</link>
		<dc:creator>RoFlmaTiC</dc:creator>
		<pubDate>Tue, 24 Feb 2009 06:55:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117801</guid>
		<description>Lol JasonP!

Yeah reasonable person is not defined by the legislation, the definition can be found within the hundreds and hundreds of cases relating to the applicable standard in particular circumstances.</description>
		<content:encoded><![CDATA[<p>Lol JasonP!</p>
<p>Yeah reasonable person is not defined by the legislation, the definition can be found within the hundreds and hundreds of cases relating to the applicable standard in particular circumstances.</p>
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	</item>
	<item>
		<title>By: JasonP</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117800</link>
		<dc:creator>JasonP</dc:creator>
		<pubDate>Tue, 24 Feb 2009 06:54:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117800</guid>
		<description>Well, actually it was the Pope telling the joke after a few beers on The Sabbath.

He says &quot;A Rabbi, A Mufti, &amp; Me walk into a bar....&quot;

The Catholics won&#039;t let me finish the joke.</description>
		<content:encoded><![CDATA[<p>Well, actually it was the Pope telling the joke after a few beers on The Sabbath.</p>
<p>He says &#8220;A Rabbi, A Mufti, &amp; Me walk into a bar&#8230;.&#8221;</p>
<p>The Catholics won&#8217;t let me finish the joke.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: HAL</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117798</link>
		<dc:creator>HAL</dc:creator>
		<pubDate>Tue, 24 Feb 2009 06:46:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117798</guid>
		<description>^ come on JasonP, finish the joke :-)</description>
		<content:encoded><![CDATA[<p>^ come on JasonP, finish the joke <img src='http://www.caradvice.com.au/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
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	</item>
	<item>
		<title>By: JasonP</title>
		<link>http://www.caradvice.com.au/23621/deadly-street-race-driver-jailed/#comment-117797</link>
		<dc:creator>JasonP</dc:creator>
		<pubDate>Tue, 24 Feb 2009 06:44:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.caradvice.com.au/?p=23621#comment-117797</guid>
		<description>Or this,

3 guys go into a bar, and....

...nah, that&#039;s a different thread....</description>
		<content:encoded><![CDATA[<p>Or this,</p>
<p>3 guys go into a bar, and&#8230;.</p>
<p>&#8230;nah, that&#8217;s a different thread&#8230;.</p>
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