I can't believe this guy wasn't given jail time...

[Dave_Obsession]

http://www.heraldsun.com.au/news/mor...-1226261825450

A P-PLATER who killed an elderly pedestrian in an illegal street race while his licence was suspended for speeding was spared jail today.

Judge John Smallwood told Raymond Grech, 26 he avoided being locked up only because of "extraordinary" delays in the case and the fact he had agreed to give evidence against the driver of another car involved in the race.

He sentenced Grech to 18 months jail, wholly suspended for two years, but warned him that if he drove while disqualified he would have to serve the whole term in custody.

Grech was driving an unroadworthy Holden at up to 20km/h over the speed limit when he mowed down Mehmed Bajric, 78, who was walking home from his mosque.

In his County Court sentence, Judge Smallwood said witnesses spoke of hearing revving engines and loud noises as three cars raced past at speed.

One of the cars at the front of the race swerved to avoid Mr Bajric but Grech, who was immediately behind him, struck the Bosnian refugee.

"You drove like a hoon. You didn't even see the person you ran into," Judge Smallwood told Grech.

Grech pleaded guilty to dangerous driving causing Mr Bajric's death in Station Rd, Cairnlea on March 6, 2008.

Judge Smallwood said the victim impact statements from Mr Bajric's family were powerful and they described a man who was honest and hard working and who did everything he could to help his children and grandchildren.

Mr Bajric had been forced to flee violence in Bosnia and eventually settled in Australia, a country he grew to love.

"It is hard to imagine a more innocent victim," the judge said.

"A very good man is dead because of the way you consciously conducted yourself."

Judge Smallwood was Grech admitted he was driving at 10-20km/h over the 80km/h speed limit and he noted he had three speeding convictions before he knocked down Mr Bajric, and one subsequently.

Judge Smallwood said he took into account that Grech was not affected by drugs or alcohol, he came from a supportive family and he had no criminal record and excellent prospects of rehabilitation.

But he said the case should serve as a lesson to other young drivers.

"I don't think young people in your situation understand the grief and the stress and heartache driving like this causes to people," Judge Smallwood said.

He suspended Grech's licence for 18 months.

I know they keep saying the jails are full, but this guy took somebody's life...where's the deterrent??

[Hords]

No usual mention of remorse.... oh, wait, three speeding convictions prior and one afterwards. Well there went the remorse.

[Spudz27]

I don't know why we bother worrying or getting upset about these things anymore. The system will never change, so why bother wasting time getting angry anymore.

[Geez Louise]

Originally Posted by Spudz27

I don't know why we bother worrying or getting upset about these things anymore. The system will never change, so why bother wasting time getting angry anymore.

Sorry Spud, but this is why the system doesn't get changed. It is too slow a process because of all the red tape to get changes made, so people just give up.

Reading the story did get my back up though! Punishments do not fit the crimes these days.

[Rodp]

But he said the case should serve as a lesson to other young drivers.

It didn't serve a lesson to the driver that caused the death, how does it think it'll serve as a lesson to anyone else?

If I had struck down and killed someone under those circumstances, I don't know if I'd be able to get behind the wheel of a car again.. let alone get done for speeding after it!

[|Nate]

It's disturbing to know someone can take anothers life, whether young or old, and still be able to see the light of day and integrate with society.

I just don't even care about our legal system anymore, especially after reading things like this, but then seeing "John Taxdodge that owed $5M in tax, was arrested and jailed immediately for life today with no parole."

[poppa smurf]

ah! you see if you take the life of a poor man then that can be forgiven but if you steal from a bank or knock over a rich persons home they will throw away the key!

same as when that lawyer Mcgee or whatever his name was that knocked the cyclist over and killed him in the barossa (i think),.....immediately went and hid the 4wd and rang a lawyer mate of his without even reporting the accident to the authorities

got away scott free......even though there was overwhelming evidence that he did it (drunk) and then hid the crime

life is cheap if you have little money......money is precious.......back to front IMHO!

re-open Port Arthur I reckon!

[SEZ213]

It really makes me sad that someone can take someone else's life in a way such as this, and they aren't held to account for their actions. He didn't have a lapse in judgement, he intentionally went out whilst his licence was suspended and participated in another illegal activity, he killed someone in the process, a person cannot be replaced like a material possession, and yet all they get is a slap on the wrist. There is no lesson learnt. I'm really disappointed that there aren't more judges like this...

http://cpsuvic.org/campaigns/fisheri...uly%202010.pdf

I really admire judges who have limited tolerance to repeat offenders...and this guy seems to really give them a hard time - even told a local sporting 'hero'...

Defence counsel Pat Howman reminded Magistrate Jonathan Klestadt his client had no previous convictions and was a highly-regarded member of the community, working fulltime at Keppel Prince and being named this year’s best and fairest for Heywood Football Club.
Mr Klestadt said the awarding of Millard as best and fairest only highlighted how poor his competition must have been.
“Being best and fairest doesn’t seem to be much of a recommendation given the general behaviour around here.”
Mr Klestadt said in his two-and-a-half years as magistrate in Portland, he had tried to impose strict sentences against violence in this town to try and curb people’s behaviour, “You obviously hadn’t heard about that,” he told Millard.

Perhaps he should preside over these cases as well...it seems they need someone with no mercy...

[MITCHAY]

Unbelievable. If he had of been just 20km/h over the limit then maybe but all the other circumstances dictate he should be jailed as it is total disregard for anyone else.

[svo supporter]

Everyone seems to say, jail someone. Why?

I do feel sorry for the family that lost a loved one, as a result of an imbisiles actions, but surely there should be another method, rather than us paying for his room and board.

[irish2]

I know it sounds really bad, but I can't help to think why was an 80 year old man crossing an 80km/h road and not see cars coming. My primary school used to front an 80km/h road and you knew full well the road had to be clear for a long way to attempt to cross.

[MITCHAY]

Originally Posted by svo supporter

Everyone seems to say, jail someone. Why?

I do feel sorry for the family that lost a loved one, as a result of an imbisiles actions, but surely there should be another method, rather than us paying for his room and board.

He has acted so irresponsibly that it has to attract that sort of penalty to possibly discourage others from doing the same.

Unroadworthy car, suspended licence and prior convictions and actions which ultimately lead to him killing someone. There is no scope for leniency in this case.

[ltd_on20s]

no jail for causing death by dangerous driving, with priors.

woe betide anyone who downloads pirated movies, or doesn't pay their tax. both will see you in prison.

[ltd_on20s]

Originally Posted by svo supporter

Everyone seems to say, jail someone. Why?

I do feel sorry for the family that lost a loved one, as a result of an imbisiles actions, but surely there should be another method, rather than us paying for his room and board.

there is another method.

banishment.

to an island somewhere.

[svo supporter]

Originally Posted by MITCHAY

He has acted so irresponsibly that it has to attract that sort of penalty to possibly discourage others from doing the same.

Unroadworthy car, suspended licence and prior convictions and actions which ultimately lead to him killing someone. There is no scope for leniency in this case.

I accept he was a moron etc etc, but what is jailing going to prove? There have been morons like him before and surely there will be morons like him after. So I doubt it'll discourage others from doing the same.

Perhaps some good ol' justice. Eye for an eye sounds good, rather than everyone paying for his room and board.

BTW, I do have sympathy for the family involved, so I'm not a cold hearted person. I have a brother than has health poblems as a result of an unlicenced drunk driver driving on the wrong side of the road. It happened 30 odd years ago, when my brother was riding his pushbike.

[Streets]

There are good arguments for and against jail time in this thread -- I'm not sure where I sit on that subject.

What I do believe is that he should be disqualified from ever holding a driving licence ever again. I'm not sure whether jail will help him but I sure as **** know that getting him off the roads permanently would definitely help the rest of us.

[bullfrog]

Originally Posted by Streets

What I do believe is that he should be disqualified from ever holding a driving licence ever again.

Won't make any difference, they will simply drive without a licence. How often do you see someone convicted for multiple unlicenced/ unregistered driving charges? All the time!

[Streets]

Yeah, true enough. :/

[Road Games]

Soooo the guilty party hasn't had sleepless nights. thoughts of suicide and memories/ regrets to last him his whole life?

Get off ya high horse folks....

[Linkachu]

Pretty sure thats manslaughter, 7 years jail usually.

[Dave_Obsession]

Originally Posted by XR6menace

Soooo the guilty party hasn't had sleepless nights. thoughts of suicide and memories/ regrets to last him his whole life?

Get off ya high horse folks....

You're kidding right?? Is that how you'd justify it to the dead man's family?

[AndrewR_AUII]

This happened while his licence was suspended.

Shows suspensions and warnings don't mean anything..plus another offence AFTER the event suggests that even the death of an innocent person has not made any difference.

[Landau Stable]

Originally Posted by irish2

I know it sounds really bad, but I can't help to think why was an 80 year old man crossing an 80km/h road and not see cars coming. My primary school used to front an 80km/h road and you knew full well the road had to be clear for a long way to attempt to cross.

This. ^^^^

One must wonder why he was there. Although it is not mentioned in the article, i would daresay that this could be a reason why the young bloke was seemingly let off so lightly. I suspect there may have been a misjudgement on the elderly mans part, regardless of the speed limit being broken. I certainly would not condone what was done, but believe this may have had a sway on things. It doesn't sensationalise the story enough with this sort of information, but i would have to imagine this would be a part truth. If not, then the system is way too soft.

[SEZ213]

The old bloke was walking home from his mosque... from the first paragraph of the article, he was given leniency because he 'grassed' on the other racer...and he wasn't doing 80...he admitted he was doing between 90 and 100.

[Landau Stable]

The article also mentioned lots of loud revving etc. And that the first car swerved and the following idiot hit the old gent. Seems to me that for the old boy to be hit like that, it suggests that he was more towards the middle of the road and not near the kerb. Being an 80 area, i really do think there may have been an error from the old gent which inadvertently contributed. Maybe he didn't look far enough or hear the sounds of the cars. Like i say, i do not believe this tool should have been let off so lightly, but i really do believe there is more to it than reported. We all know how the media love to pounce on the deadly hoon drivers killing people scenario. How else could this guy be let off so lightly otherwise? I know the sentencing system is rubbish, but surely not this bad?

[joolz]

"He sentenced Grech to 18 months jail, wholly suspended for two years, but warned him that if he drove while disqualified he would have to serve the whole term in custody"

Im sure he will get behind the wheel again and will only be hit with a fine.
Its as though the real terrors on our roads are allowed to stay in society just to make revenue.

[ltd_on20s]

i might become a martyr for the cause.

totally refuse to pay fines and my tax.

both criminal offences, and push it for a trial by jury.

lets see what sentence i get compared to people like this.

[GT69]

This stuff always reminds me of Slayers - Dittohead.


The legal system has no spine
It's corroding from inside
Slap your hand and you'll do no time

Reality on vacation
All across a blinded nation
Mentally under sedation

Anyone can be set free
On a technicality
Explain the law again to me


Unafraid of punishment
With a passive government
There's nothing for you to regret

[Torment47]

Well think about it, he's probley going to loose his mates, family might dis-own him or NEVER forgive him, he's probley going to get mugged/bashed by people who recognise him as the Street racing murderer?
either way his life is going to be hell here on..

[joolz]

Originally Posted by Torment47

he's probley going to get mugged/bashed by people who recognise him as the Street racing murderer?

And they will be charged with assult and depending on how bad maybe cop it worse.