Death of US girl by AVGAS near Alice?
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gently people, gently.
The law of the NT is somewhat progressive, so it stands to reason that the Dangerous Act referred to in the above posts is not in the legislative provisions of all jurisdictions.
The law of the NT is somewhat progressive, so it stands to reason that the Dangerous Act referred to in the above posts is not in the legislative provisions of all jurisdictions.
Kiwi PPRuNer
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the guy concerned was on tv here tonight saying noone has formally approached him regarding the charges, he also went onto say that he did remain in australia for a year after the incident and the police more or less told him charges wouldnt be layed
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Originally Posted by stillalbatross
what is the difference between this and drink driving resulting in death? It is hard to believe the system can be so backwards in NZ that a killer can walk free, if there is no such charge in NZ does that mean he could repeatedly do the same thing in NZ and never be charged?
What a bad joke, imagine how her family must feel abouit the two countries now.
What a bad joke, imagine how her family must feel abouit the two countries now.
In NZ, the guy would have been charged under a different law (if he was charged at all), however the treaty apparently requires the two charges to be identical, so no dice.
Personally, it sounds to me like everybody agreed at the time that it was a tragic accident. There was clearly no intent. However, now the family and the press are baying for blood, so the authorities are changing their tune. Somebody has to pay, and everybody is going after Mr Lee. I'm not surprised he is unwilling to step into the fire.
It's a witch hunt.
Just Binos
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Agree with MOR entirely here. This was a tragic accident with no intent whatsoever. The pilot involved, if he is a normal human being, will spend the rest of his life reliving the incident and suffering the guilt involved. The parent may feel his daughter's life deserves a pound of flesh, and I can understand that some would think that way.
Though it's purely hypothetical I like to think that had a daughter of mine been the victim, after the initial shock I would accept it as an accident and realise nothing would be gained by destroying another person's livelihood.
Maybe I wouldn't be so forgiving; who knows until it happens? But those sitting comfortably in their homes demanding this young man come back to "face up to his actions like a man" should put their self-righteousness aside for a moment and ask themselves what they would do in the same circumstances. Go on, have a long hard think about it and try to be honest. What would you really do? I don't want to hear your answer; it's for everybody to wonder for themselves.
Though it's purely hypothetical I like to think that had a daughter of mine been the victim, after the initial shock I would accept it as an accident and realise nothing would be gained by destroying another person's livelihood.
Maybe I wouldn't be so forgiving; who knows until it happens? But those sitting comfortably in their homes demanding this young man come back to "face up to his actions like a man" should put their self-righteousness aside for a moment and ask themselves what they would do in the same circumstances. Go on, have a long hard think about it and try to be honest. What would you really do? I don't want to hear your answer; it's for everybody to wonder for themselves.
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In fact, if I'm reading this right, there were two accidents; Mr Lee getting burnt, and then instinctively throwing the container away from himself.
Maybe, just maybe, if the guy had been irresponsibly throwing burning avgas around, there could be some justification for wanting him to face charges.
A recent NSW review of the law regarding manslaughter and homicide had this to say:
http://www.lawlink.nsw.gov.au/clrd1.nsf/files/The%20report.doc/$FILE/The%20report.doc
Obviously this isn't NT law, but nevertheless makes a good point. For manslaughter to be proved, there must be malicious intent (same report).
Maybe, just maybe, if the guy had been irresponsibly throwing burning avgas around, there could be some justification for wanting him to face charges.
A recent NSW review of the law regarding manslaughter and homicide had this to say:
(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.”
Obviously this isn't NT law, but nevertheless makes a good point. For manslaughter to be proved, there must be malicious intent (same report).
Pollies, police and bureaucrats are ducking and weaving for the media.
The Police Commissioner claims that Mr Lee was well aware that they wanted him back to face charges. The reference to extradition problems has been shelved. The official position is now that the charges have been dropped to clear the decks for a Coronial Inquiry in May.
Typical example of the NT Government's preoccupation with knee jerking to every media comment.
I suggest the Coroner will find that this was a tragic accident and no charges should have been, or should be, laid. (Or at least, thats what I hope.)
As far as causing death through a traffic accident, if you're a foreign tourist who drives recklessly into another car, killing a young girl, they'll rush you through the courts on a lesser charge so you can catch your flight home with nought but a slap on the wrist.
The Police Commissioner claims that Mr Lee was well aware that they wanted him back to face charges. The reference to extradition problems has been shelved. The official position is now that the charges have been dropped to clear the decks for a Coronial Inquiry in May.
Typical example of the NT Government's preoccupation with knee jerking to every media comment.
I suggest the Coroner will find that this was a tragic accident and no charges should have been, or should be, laid. (Or at least, thats what I hope.)
As far as causing death through a traffic accident, if you're a foreign tourist who drives recklessly into another car, killing a young girl, they'll rush you through the courts on a lesser charge so you can catch your flight home with nought but a slap on the wrist.
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From my limited understanding, causing death by a dangerous act has no equivalent in NZ, therefore cannot be extradited. NT gov is apparently changing the legislation abolishing that charge and replacing it with/under a manslaughter charge. Hence the reason the initial charge has been dropped and you can probably bet a new charge of manslughter will be on the cards when the legislation passes.
RFDS is a free service to all that it transfers, primarily funded by the NT Government when operating in the NT, so having insurance is irrelevant. They also are primarily a medical transport service, so they most likely will not report anything the police anyway.
Accidents do happen, whilst tragic as it was. Allegedly it was common practice to use that type of "lantern" at this particular station, and the pilot was only doing as he had been shown.
Knowing the NT justice system as limited as I do, I would much rather be charged for manslaughter here than anywhere else, may get 100 hrs community service and a slap on the wrist.
RFDS is a free service to all that it transfers, primarily funded by the NT Government when operating in the NT, so having insurance is irrelevant. They also are primarily a medical transport service, so they most likely will not report anything the police anyway.
Accidents do happen, whilst tragic as it was. Allegedly it was common practice to use that type of "lantern" at this particular station, and the pilot was only doing as he had been shown.
Knowing the NT justice system as limited as I do, I would much rather be charged for manslaughter here than anywhere else, may get 100 hrs community service and a slap on the wrist.
