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The "Good Samaritan" who possibly caused a motorcycle accident...

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  1. #31

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    Nov 2019
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    It was quite a trivial matter. A wonky number plate, expired vehicle registration, no insurance. He doesn’t comply and speeds off.

    If caught and prosecuted at Court, maybe he would have been given a ban, a fine, points, as he was a first time offender? At worst, it might have been a 3-12 month sentence plus fine and points?

    A do gooder Customs Officer in a civilian role wants to play Hero. Now he knows, playing Hero has consequences.

    The Police officer wasn’t really going fast as I’m sure he was well aware of the risks.

    Like Zelensky and Chuckster have said, they could have caught up with the motorcyclist with a home visit, which is often the case, if not apprehended.

    Possibly other charges could be laid. Let’s see what the Police and Department of Justice come up with, possibly:-

    Assault - Possibly if proven that the Customs Officers actions were intended to cause harm or were reckless

    Manslaughter - If proven that Customs Officers acts were reckless or negligent

    Obstruction of Justice - Possibly face charges for obstructing Police duties if his actions interfere significantly with the Police pursuit

    Contributory Negligence - Cilvil charges could be bought by the family of the deceased if it’s proved that the Customs Officer was Negligent or failed in their Duty of Care

    Skyhook and Scorpio01 like this.

  2. #32

    Join Date
    Jun 2007
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    Ex Sai Kunger Sunny Qld for now
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    Quote Originally Posted by ArrynField:
    It was quite a trivial matter. A wonky number plate, expired vehicle registration, no insurance. He doesn’t comply and speeds off.

    If caught and prosecuted at Court, maybe he would have been given a ban, a fine, points, as he was a first time offender? At worst, it might have been a 3-12 month sentence plus fine and points?

    A do gooder Customs Officer in a civilian role wants to play Hero. Now he knows, playing Hero has consequences.

    The Police officer wasn’t really going fast as I’m sure he was well aware of the risks.

    Like Zelensky and Chuckster have said, they could have caught up with the motorcyclist with a home visit, which is often the case, if not apprehended.

    Possibly other charges could be laid. Let’s see what the Police and Department of Justice come up with, possibly:-

    Assault - Possibly if proven that the Customs Officers actions were intended to cause harm or were reckless

    Manslaughter - If proven that Customs Officers acts were reckless or negligent

    Obstruction of Justice - Possibly face charges for obstructing Police duties if his actions interfere significantly with the Police pursuit

    Contributory Negligence - Cilvil charges could be bought by the family of the deceased if it’s proved that the Customs Officer was Negligent or failed in their Duty of Care
    I reckon customs officer guy, is going to be looking at doing a 3 year stretch in jail, with a parole period, out in 18 months.

    Let's see what he ends up getting.
    ArrynField likes this.

  3. #33
    Quote Originally Posted by ArrynField:
    It was quite a trivial matter. A wonky number plate, expired vehicle registration, no insurance. He doesn’t comply and speeds off.

    If caught and prosecuted at Court, maybe he would have been given a ban, a fine, points, as he was a first time offender? At worst, it might have been a 3-12 month sentence plus fine and points?

    A do gooder Customs Officer in a civilian role wants to play Hero. Now he knows, playing Hero has consequences.

    The Police officer wasn’t really going fast as I’m sure he was well aware of the risks.

    Like Zelensky and Chuckster have said, they could have caught up with the motorcyclist with a home visit, which is often the case, if not apprehended.

    Possibly other charges could be laid. Let’s see what the Police and Department of Justice come up with, possibly:-

    Assault - Possibly if proven that the Customs Officers actions were intended to cause harm or were reckless

    Manslaughter - If proven that Customs Officers acts were reckless or negligent

    Obstruction of Justice - Possibly face charges for obstructing Police duties if his actions interfere significantly with the Police pursuit

    Contributory Negligence - Cilvil charges could be bought by the family of the deceased if it’s proved that the Customs Officer was Negligent or failed in their Duty of Care
    I wouldn't call driving with no insurance and speeding away from police trivial matters. If he was prepared to drive without insurance for god knows how long, then I'm sure that's not the only way in which he's flouting the law.

    The lad should be punished for causing a death, but having the instinct to intervene against an obvious criminal should be a strong mitigating factor.
    hullexile and ArrynField like this.

  4. #34

    Join Date
    Jun 2018
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    1,659

    Pretty sure the tampering charge has quickly been deemed an acceptable compromise between i) he needs to be guilty of something vs ii) general pro disciplined services sentiment. He'll get 12m max sentence and be out in 6.

    Clearly it was a really stupid thing to do, but charging him with an offense that is surely only meant to relate to messing with parked cars makes it very clear that rule by law is now BAU.

    Zelensky2 likes this.

  5. #35

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    Nov 2019
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    I meant if the motorist had stopped when requested

    Quote Originally Posted by paddylast:
    I wouldn't call driving with no insurance and speeding away from police trivial matters. If he was prepared to drive without insurance for god knows how long, then I'm sure that's not the only way in which he's flouting the law.

    The lad should be punished for causing a death, but having the instinct to intervene against an obvious criminal should be a strong mitigating factor.

  6. #36

    Join Date
    Jan 2014
    Posts
    1,527

    Does a off-duty customs officer have a duty to prevent a crime or to assist a police officer in enforcing the law?

    Scorpio01 likes this.

  7. #37
    Quote Originally Posted by ArrynField:
    I meant if the motorist had stopped when requested
    That's fair enough, but as far our friend the good Samaritan was concerned, he saw only the much worse offense of not stopping under pursuit from the police and driving recklessly that puts everyone in his path in harms way.

  8. #38

    Join Date
    Jan 2014
    Posts
    1,527

    What does "reasonably suspect" mean?

    "Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence."

    Section 101(2) of the Crimes Ordinance


  9. #39

    Sounds like another cost cutting exercise. Same as self checkouts. Arrest them yourself. Put out your own fire. Take out your own appendix.


  10. #40

    Join Date
    Aug 2008
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    猴山
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    23,851
    Quote Originally Posted by ArrynField:
    It was quite a trivial matter. A wonky number plate
    There were two bikes. The policemen unfortunately choose to 'chase' the wrong bike.
    ArrynField likes this.

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