Looks like Mark Bosnich got off with a good behaviour bond and no conviction. I am going to ask if this is sending a message to us and to the "motoring public". The Terror did make mention of the person riding the bike being over the limit weeks ago and seemed to hide the article. It looks like they have confirmed that the rider was over the influence. 

The mention of the rider being over the influence makes me wonder what would have happined if he hit a drunk pedestrian? The thing is should we expect better form the prosecutor who withdrew "accusations he had behaved in a “furious” or “dangerous” manner." Should we expect more from the magistrate who found that driving at someone and deliberately causing them injury is  “the lower end of culpability”.

Is the good behaviour bond an adequet sentence?

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Not a drunk pedestrian, driver.

I think this case sets a precedent that if you are a drunk driver its ok for another driver to have a 'mis judgement' and hit you and get away with it.

clearly not good enough, and all sorts of bad messages

what a shitty violent place this is

reflecting on this story:

  • "The cyclist was dealt with for the drink driving charge in court last week" - what does this mean? What did that court decide? Was drink driving (DUI) proven, or not?
  • "a cyclist who allegedly threw a bike lock at his side mirror while three times over the limit" - so the bike lock wasn't proved and since there's no actual blood alcohol limit for cyclists the 3x part is fake
  • His honour seems to have sentenced not on the basis of the behaviour of the offender in front of him, but on the basis of alleged behaviour by the victim.

 

I would certainly be open to the likelihood that the cyclist did wrong. Nonetheless I have a strong sense that both the prosecutor and magistrate have not properly discharged their duties.

 

It seems that Bosnich drove into the victim because he was using the middle lane. Yet the beak saw fit to let him off for that.

It seems that Bosnich drove into the victim because he was using the middle lane. 

No , Bosnich drove into the victim with his weapon to retaliate. 

The judge, who probably isn't in a position to relate to being attacked in a similar position/situation. deemed it a 'fair go' 

both of the above

very poor work by the judge regardless

He got the best justice that money could buy.

I sometimes wonder whether some of these inappropriate decisions should be challenged by a cyclist class action!  But of course that will never happen.

Not only must justice be done, it must be seen to have been done!

The magistrate should have come down a lot harder on Bosnich, there are no excuses for using a car as a weapon.

Interestingly, the ABC had it as a statement of fact (no allegedlys) that the cyclist had damaged Bosnich's car. Also it is possible for it to be established that a rider is over the limit - by blood test. See http://www.streetoncriminallawyers.com.au/drink-cycling-law/ I'm not sure whether it's legitimate to describe it as 3x over the limit, though.

DUI is the offence and it does not use BAC limits - if a whiff of alcohol makes you appear drunk to the arresting officer then that would be good enough. Although this seems highly unlikely as from the cases I've read the police only seem to charge seriously inebriated cyclists with DUI.

>Also it is possible for it to be established that a rider is over the limit - by blood test

Only if you are admitted to hospital as a result of a crash/accident in a road related area and I imagine that would be used as supporting evidence for a DUI conviction and not for a BAC related offence.

it isn't, and most journos will write 'three times over' for two times over because they didn't get maths

menace driveing, manner dangerous . thats the right charges 

Just one of the things that irritates me about his case (just one!) is the reporting of Bosnich's comment, "champion, you've got to pull a little to the left, you can't keep to the middle of the road”.

Would it be so hard for the journalist to include a following sentence about the legality of cyclist's claiming the lane or not needing to keep left on multilane roads like the one they were on? Every non-cyclist that reads the article will assume Bosnich's comment to the cyclist was fair and accurate, perpetuating the perception that cyclists are hypersensitive and lawless. 

bosnich deliberately rammed the vulnerable bicyclist with his 2 tonne tank like a weapon. that's assault  , and got away with it . total disgrace 

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