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  • Tonkin Hwy fatal (March-ish this year)

    Man pleads guilty to dangerous driving causing death | PerthNow


    Man pleads guilty to dangerous driving causing death

    A PERTH motorist who caused the death of a couple on a motorcycle has been sent to a higher court after a magistrate decided the 12 months jail he could impose was too soft. Damian Jay Gibbs pleaded guilty in the Perth Magistrate's Court today to two charges of dangerous driving resulting in the deaths of motorcyclist Gerald Vance, 63, and his wife Yoke, who was riding pillion.

    Gibbs reached speeds of up to 153km/h while driving his Toyota Lexcen on Tonkin Highway, Magistrate Giuseppe Cicchini said.

    When the motorcycle changed lanes from left to right Gibbs was forced to brake heavily and the pair were struck by his car.

    Mr Vance was thrown onto the carriageway and his wife dragged 150m under Gibbs' car on the busy highway in Perth's eastern suburbs.

    Mrs Vance died at the scene and her husband died later from his injuries at Royal Perth Hospital.
    Mr Cicchini said he was limited to a sentence of 12 months maximum and referred Gibbs to a higher court.

    "The sentence available to this court would be inadequate,'' Mr Cicchini said.

    Gibbs then pleaded guilty to both charges.

    Outside the court, the victims' niece Alana Coupar read a statement on behalf of the Vance family, revealing it was the couple's crane driver son Adrian, who lifted the car off his mother.

    "He will never, never get over that,'' Ms Coupar said.

    Ms Coupar said the family were relieved Gibbs had pleaded guilty to the charges.

    "He made a very wrong choice that resulted in a very tragic outcome and he should be punished for this,'' she said.

    "It was a very, very big relief, ... we really wanted him to admit he'd done something wrong.''

    Gibbs will be sentenced in the West Australian District Court on March 18, 2008.
    Hmm. Does the system work?


  • #2
    seems that it is trying to in this case

    Comment


    • #3
      Good to see a judge with some balls to refer the matter higher because he felt it warranted it.
      “Crashing is shit for you, shit for the bike, shit for the mechanics and shit for the set-up,” Checa told me a while back. “It’s a signal that you are heading in the wrong direction. You want to win but crashing is the opposite. It’s like being in France when you want to go to England and when you crash you go to Spain. That way you’ll never get to England!” -- Carlos Checa

      Comment


      • #4
        Originally posted by Scoundrel View Post
        Hmm. Does the system work?
        Only if Damian Jay Gibbs is sentenced to being dragged 150m under a car also.

        Comment


        • #5
          Hmmm its a shame it has taken this long.

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          • #6
            Originally posted by thro View Post
            Good to see a judge with some balls to refer the matter higher because he felt it warranted it.
            he's probably a rider himself

            that's the only reason I could think of...
            Originally posted by vk6hgr
            My Hyosung couldn't do that speed if it was dropped in from orbit.

            Comment


            • #7
              Originally posted by Havago View Post
              Hmmm its a shame it has taken this long.
              But the driver has now spent 8 months shitting himself because he knows he's in a lot of trouble.
              Originally posted by vk6hgr
              My Hyosung couldn't do that speed if it was dropped in from orbit.

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              • #8
                It wasn't that long ago was it?

                I thought it was only about 3 months back this happened?
                such comment
                wow
                many post

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                • #9
                  Originally posted by Daise View Post
                  But the driver has now spent 8 months shitting himself because he knows he's in a lot of trouble.
                  Regardless he should of been held in custody from the time of the incident.
                  I know of people who have been held for much less.

                  Comment


                  • #10
                    quote... "his wife dragged 150m under Gibbs' car "
                    quote.. "it was the couple's crane driver son Adrian, who lifted the car off his mother."

                    I am speachless .. How can someone deal with that?

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                    • #11
                      At the risk of being flamed, and recognising the tragic outcome and horrible circumstances for those involved, I am going to blame the rider for this crash.
                      The fact is that he changed lanes in front of the car. Either he didn't look or he didn't judge the speed of the approaching vehicle.
                      While 153 kph may have been, and probably was, excessive for the traffic conditions, I will not accept that it is excessive for that road.
                      I will bet my house that there are people on this board who have exceeded that speed on Tonkin Highway, and by a considerable margin as well.
                      By accepting the tone of the article you are playing into the hands of those who wish to blame speed for traffic crashes, when most of the time you would argue that it is bad driving that is the cause. You are championing those who would have us travelling about at even lower speeds than we have to put up with today.
                      The fact is that it is not only the majority of car drivers that have poor skills and ability, there are many motorcyclists as well, particularly in the older groups of boomers that have returned to motorcycling to rekindle their youthful memories. They probably only had a few years experience when they were young, and it was just luck that helped them survive their lack of training and experience.
                      I don't know of the skill of the rider here but the fact remains that he changed lane in front of the car. There probably was no justifiable reason for the car to be travelling at that speed at that time, but there could have been. He may have been fleeing from some attackers, or even the police, for instance. If you look on this forum you will find posts from members who say that if the consequences of being caught by the police become too draconian (and some will say we are at that point now), then they will run.
                      Tragic though the consequences have been, there is a lot of hypocrisy here.

                      Comment


                      • #12
                        Originally posted by hardknox View Post
                        At the risk of being flamed, and recognising the tragic outcome and horrible circumstances for those involved, I am going to blame the rider for this crash.
                        The fact is that he changed lanes in front of the car. Either he didn't look or he didn't judge the speed of the approaching vehicle.
                        While 153 kph may have been, and probably was, excessive for the traffic conditions, I will not accept that it is excessive for that road.
                        I will bet my house that there are people on this board who have exceeded that speed on Tonkin Highway, and by a considerable margin as well.
                        By accepting the tone of the article you are playing into the hands of those who wish to blame speed for traffic crashes, when most of the time you would argue that it is bad driving that is the cause. You are championing those who would have us travelling about at even lower speeds than we have to put up with today.
                        The fact is that it is not only the majority of car drivers that have poor skills and ability, there are many motorcyclists as well, particularly in the older groups of boomers that have returned to motorcycling to rekindle their youthful memories. They probably only had a few years experience when they were young, and it was just luck that helped them survive their lack of training and experience.
                        I don't know of the skill of the rider here but the fact remains that he changed lane in front of the car. There probably was no justifiable reason for the car to be travelling at that speed at that time, but there could have been. He may have been fleeing from some attackers, or even the police, for instance. If you look on this forum you will find posts from members who say that if the consequences of being caught by the police become too draconian (and some will say we are at that point now), then they will run.
                        Tragic though the consequences have been, there is a lot of hypocrisy here.
                        If you consider time of day (from memory it was mid arvo,fairly busy traffic) It comes back to the old saying Time & Place.
                        Farrider #41
                        I'm not an alcoholic, alcoholics go to meetings,
                        I'm a drunk, I go to parties.


                        Comment


                        • #13
                          Originally posted by optimal View Post
                          If you consider time of day (from memory it was mid arvo,fairly busy traffic) It comes back to the old saying Time & Place.
                          +1 Theres a time and a place for those sort of speeds and he most definately made the wrong decision with one of them.

                          Your argument does not change the fact that it was his culpable driving that killed this couple

                          Comment


                          • #14
                            Originally posted by hardknox View Post
                            At the risk of being flamed, and recognising the tragic outcome and horrible circumstances for those involved, I am going to blame the rider for this crash.
                            The fact is that he changed lanes in front of the car. Either he didn't look or he didn't judge the speed of the approaching vehicle.
                            While 153 kph may have been, and probably was, excessive for the traffic conditions, I will not accept that it is excessive for that road.
                            I will bet my house that there are people on this board who have exceeded that speed on Tonkin Highway, and by a considerable margin as well.
                            By accepting the tone of the article you are playing into the hands of those who wish to blame speed for traffic crashes, when most of the time you would argue that it is bad driving that is the cause. You are championing those who would have us travelling about at even lower speeds than we have to put up with today.
                            The fact is that it is not only the majority of car drivers that have poor skills and ability, there are many motorcyclists as well, particularly in the older groups of boomers that have returned to motorcycling to rekindle their youthful memories. They probably only had a few years experience when they were young, and it was just luck that helped them survive their lack of training and experience.
                            I don't know of the skill of the rider here but the fact remains that he changed lane in front of the car. There probably was no justifiable reason for the car to be travelling at that speed at that time, but there could have been. He may have been fleeing from some attackers, or even the police, for instance. If you look on this forum you will find posts from members who say that if the consequences of being caught by the police become too draconian (and some will say we are at that point now), then they will run.
                            Tragic though the consequences have been, there is a lot of hypocrisy here.
                            I read your post carefully and did try to see your stand of reason. And I cant agree. In the same way I do not agree with anyone on this forum in thinking its a good idea to run from the Police.

                            You are guessing as to the riders abilities. You are guessing to so much about this incident. The facts are in plain sight. The killer of these people stood up and did not try to plead not guilty. He was speeding through traffic at 153kms. The pillion was dragged 150metres to her final death. The son lifted the vehicle of his own Mother. I cannot even imagine the depths of sorrow and abject horror this man had to endure to do this. And his Father later died due to horrific fatal injuries. Nothing in this story even remotely opens itself up to guessing or what ifs or any other variables.

                            I appreciate your point of view. But I cannot agree with it.

                            This whole horrific tradgedy really makes me sit and think none other than I hope it stops oneday. The senseless slaughter of innocent riders like these two in this situation. Over and over near on every week lately one of our own have been killled. The government puts out more speed cameras. They fail to educate. They fail to recognise us as equal citizens on the road. And we as a community still do not stand united against this discrimination. It seems we would all rather sit behind our computers, blame others, and not agree with those who are trying to change the views of the community.

                            Until we demand equality in WA from the government with advertisement campaigns showing the community the facts of the motorcycle fatalities and the causes of the majority of them. Until the education system for young drivers is more advanced, and includes a distinct and thorough education on being more aware of their environment and motorcyclists, and until the government stop using the bandaid treatments to appease the parts of the community that denounce us all as hoons...it will continue to happen. And we will continue to see our own fall and die because we wont stand up and demand the equality that all users of the road deserve.
                            Originally posted by Red_is_Best
                            hahah I hate it when they do that and you make some noises like you had it done just last year, then they give you that look, like you are a bad vagina owner and you should take better care of it!

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                            • #15
                              Well said, could not agree more.
                              I am the old bloke on the black and yellow cbr1krr

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