Im not passing anything.
Don’t do things in halves do ya Ryan?! 
it is not about her balki, i am sure she is a bit upset
it is more about the system which has now officially declared that a person will not be charged with a fairly serious offence, despite significant evidence and eyewitnesses, because as far as they are concerned it was ‘just’ a cyclist
but that’s victorian police for you, shouldnt really expect anything else
Friday afternoon ‘analysis’ learns me that:
According to the Australian road rules:
“A person must not cause a hazard to any person or vehicle
by opening a door of a vehicle, leaving a door of a vehicle
open, or getting off, or out of, a vehicle.”
So it’s likely to be a violation of the road rules. Second, and this is where things will inevitably hit muddy waters:
According to the Crimes Act 1958 - SECT 319:
“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).”
Is opening a door into traffic “driving a motor vehicle in a manner that is dangerous to the public”?
I would argue that “driving” is synonymous with “being in command of”. So even though the vehicle is switched off and not moving, the person opening the door is in command of one of the vehicle’s functions, opening the door, and thus “driving” the vehicle.
But the Australian legal system is common law and it works in interesting ways. I would say this at least deserves to be tested in court.
In this case I much prefer the civil law system in my home country (NL) that states that in every collision between a motor vehicle and a cyclist or pedestrian, the driver is assumed to be at fault until proven otherwise. But that’s beside the point really.
i recall hearing that if you are asleep in the back of your car drunk, with your keys in hand, you are still technically in control of the vehicle and can therefore be charged with drink driving.
it’s probably bullshit, but it’s almost ridiculous enough to be believable…
If you’re writing to the Boroondara Police, you may as well CC it to the Police Minister.
For complaints regarding police, they need to go to the Office of Police Integrity.
Do things by halves, get them half done. Ha ha ha.
If there is a case where a judge ruled this way, that would significantly add to the argument that opening door whilst standing still is part of driving too.
For this reason, one of my former bartender colleagues leaves his keys behind the rear wheel of the car when he sleeps in his car after a big night out…
Why doesn’t he just sleep in the gutter or a laneway like we used to do in the good, old days?
but there is no argument because no charges have been pressed!
police dont press charges when :
- they think they can’t win in court (ie no evidence or eyewitnesses)
- the ‘offence’ is not significant enough to go to court over
- they are leaned on by ‘other factors’
this has old skool vic police written all over it
the only way this might be on-topic is by imagining what it would be like to get doored by one of the five inch thick armor plated doors of ‘the beast’
In a nutshell. The old biddy in the car has connections: everything points to it.
Yup. My theoretical ramblings are not relevant because it seems that this will not ever make it to court anyway. Not without external pressure anyway.
Just to make this clear: I am not lusting for blood / wanting to see 60 yr old Mrs Richards in jail for the maximum punishment of 10 years. I do however feel strongly that this should be taken to court and dealt with. For the sake of clarity over who is to blame and in what amount in situations like this. Case law needs cases, and inattention = negligence in my book. Whether it warrants jail time / loss of license / suspended fines or whatever is to be left to a professional judge. Most definitely NOT to the ‘bosses’ at the Boroondara police station.
pretty sure every thread on here gets off topic at some point.
just doin my bit
completely agree
i also agree
Yep, thats the biggest worry.
I agree that something has to be done. It’s the old story of
Nobody was charged
No law was broken
∴ nothing bad happened.
nutshell