Sydney: Driver charged over cyclist's death

Update: Man on hit-run death counts. 08nov05
http://tinyurl.com/93npd

A MAN has been charged following the death of an 18-year-old woman who
was hit while cycling at Palm Beach early on Sunday.

Jessica Bullen, of Palm Beach, was cycling north on Barrenjoey Rd near
Etival St at 4.45am with a male friend when she was hit by a
four-wheel-drive vehicle towing a boat and thrown from her bike.

It is understood Ms Bullen was on her way home from a party at the time
and was less than 500m from her home.

Paramedics arrived at the scene but Ms Bullen had already died, police
said.

Police allege the driver of the 4WD did not stop after the accident and
they issued an appeal for help to locate the man.

A crime scene was established and Barrenjoey Rd was blocked to traffic
in both directions for several hours while crash investigators examined
the scene.

The 47-year-old driver of a 4WD later presented himself to Mona Vale
police station and was taken to Dee Why police station for
questioning.

The Terrey Hills man was later charged with negligent driving
occasioning death and with failing to stop at the scene of an accident
and render assistance.

The man's driving licence was confiscated.

The man was bailed to appear in Manly Court this month.

Police from the Metropolitan Crash Investigation Unit are continuing
their investigation into the incident.


--
cfsmtb

On 2005-11-08, cfsmtb (aka Bruce)
was almost, but not quite, entirely unlike tea:
Jessica Bullen, of Palm Beach, was cycling north on Barrenjoey Rd near
Etival St at 4.45am with a male friend when she was hit by a
four-wheel-drive vehicle towing a boat and thrown from her bike.
....
The 47-year-old driver of a 4WD later presented himself to Mona Vale
police station and was taken to Dee Why police station for
questioning.

Had a few too many tinnies while out on the boat, and had to wait
until his BAC went down?

--
TimC
'Vegetarian' -- it's an old Indian word meaning 'lousy hunter'.
-- Red Green

"cfsmtb" wrote in message
...

Update: Man on hit-run death counts. 08nov05
http://tinyurl.com/93npd

[snip]
The Terrey Hills man was later charged with negligent driving
occasioning death and with failing to stop at the scene of an accident
and render assistance.

The man's driving licence was confiscated.

The man was bailed to appear in Manly Court this month.

Police from the Metropolitan Crash Investigation Unit are continuing
their investigation into the incident.


--
cfsmtb


Why is it death by negligent driving and not manslaughter? isn't
manslaughter death from negligence as well? lack of intent therefore not
homocide?

I'm not a lawyer so perhaps someone who is can shed light on why a death
resulting from negligence where the weapon/instrument was a car and not some
other piece of whatever.

Just curious. Please guide me.

Michele

The relationship between negligent driving causing death and
manslaughter by criminal negligence is very blurry. In practical terms,
they are pretty much the same.

I think it probably comes down to being a procedural issue; first, you
get charged with negligent driving (under the relevant traffic laws)
and then it gets upgraded when the negligent driving causes death (by
the Crimes Act).

Hope that helps.

K

cfsmtb wrote:
Update: Man on hit-run death counts. 08nov05
http://tinyurl.com/93npd

A MAN has been charged following the death of an 18-year-old woman who
was hit while cycling at Palm Beach early on Sunday.

Jessica Bullen, of Palm Beach, was cycling north on Barrenjoey Rd near
Etival St at 4.45am with a male friend when she was hit by a
four-wheel-drive vehicle towing a boat and thrown from her bike.

It is understood Ms Bullen was on her way home from a party at the time
and was less than 500m from her home.


hmmm, the road verge is wide along that section and clearly marked with
a white line although not quite wide enough for two riders to ride side
by side, ok at 4:45am its still dark but there would have been bugger
all traffic, so I cannot see how the clown in the 4WD could not have
seen them.

TimC wrote:
On 2005-11-08, cfsmtb (aka Bruce)
was almost, but not quite, entirely unlike tea:

Jessica Bullen, of Palm Beach, was cycling north on Barrenjoey Rd near
Etival St at 4.45am with a male friend when she was hit by a
four-wheel-drive vehicle towing a boat and thrown from her bike.

...

The 47-year-old driver of a 4WD later presented himself to Mona Vale
police station and was taken to Dee Why police station for
questioning.


Had a few too many tinnies while out on the boat, and had to wait
until his BAC went down?


Sadly thats incredibly likely to be true.

Evil ex claimed that she used to go after drunk drivers in a really big
way becouse of my accident.. (when I was hit by a drunk driver just
before she left) I am really greatful and just a little proud of her
for that.

Dave

"Kimon" wrote in message
oups.com...
The relationship between negligent driving causing death and
manslaughter by criminal negligence is very blurry. In practical terms,
they are pretty much the same.

I think it probably comes down to being a procedural issue; first, you
get charged with negligent driving (under the relevant traffic laws)
and then it gets upgraded when the negligent driving causes death (by
the Crimes Act).

Hope that helps.

K


It does. But are the penalties the same (or similar)?

Michele Woods wrote:
"Kimon" wrote in message
oups.com...
The relationship between negligent driving causing death and
manslaughter by criminal negligence is very blurry. In practical terms,
they are pretty much the same.

I think it probably comes down to being a procedural issue; first, you
get charged with negligent driving (under the relevant traffic laws)
and then it gets upgraded when the negligent driving causes death (by
the Crimes Act).

Hope that helps.

K


It does. But are the penalties the same (or similar)?

In theory, yes.

However, these days sentencing is almost impossible to predict. In a
case such as this one, I can honestly see a judge giving the driver a
very lenient sentence. This is attributable to all the bad publicity
cyclists receive.