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Dangerous Truckie Caught Out on Facebook

Brazen truck driver to be investigated after posting dangerous driving on social media

A Sydney truck driver would be regretting his decision to upload a video of him deliberately drenching a group of cyclists. One of the cyclists identified in the video onforwarded the footage to police after it became the centre of a heated debate between truck drivers and cyclists.

The video, allegedly filmed by the driver himself shows him driving alongside a group of cyclists and lamenting he is unable to run them over, “So we hate pushbikes, we are not allowed to run them over but we can f*** with them, so let’s have a crack.”  He then proceeds to deliberately pass the cyclists at a large puddle which ensured his heavy vehicle threw a large volume of water across the group. The ensuing chuckles indicate just how much pleasure the driver took from his dangerous actions as he laughs, “Oh yeah, nothing better than f***ing saturating a pushbike rider …“My day is complete.”

New South Wales Police have confirmed the truck driver is to appear in court on charges related to using a mobile phone whilst driving and menacing cyclists on the road.

Written by Emily Billiau and Claire McHardy

R v Osborne [2014] QCA 291

Dangerous driving causing death and grievous bodily harm

In R v Osborne the Court considered the culpability of a truck driver who struck and killed one cyclist and caused serious injuries amounting to grievous bodily harm to two other cyclists.

The 65 year old truck driver had no previous convictions and only a minor traffic history. The truck driver was driving with a wide load across a bridge whereupon the cyclists were travelling in a single file. There was traffic coming from the other direction also.

It was the evidence of the truck driver at the trial of the matter that although he thought it was going to be a “tight squeeze,” he “believed there was enough room to get through.” Unfortunately, there was not. The truck struck and killed one cyclist, seriously injured two others, and caused lesser injuries to a fourth cyclist.

The driver of the truck pleaded guilty to dangerous operation of a vehicle causing death and grievous bodily harm. He was sentenced by the Court to three and a half years imprisonment, suspended after 14 months for an operational period of four years. He was also disqualified by the Court from holding or obtaining a driver’s licence for five years.

In sentencing, the Judge was of the view that the driver’s conduct constituted “a very serious error of judgement,” beyond merely “momentary inattention.”

On appeal however, the Court made the point that descriptions such as “momentary inattention: are not the critical issue. The issue for consideration rather was the level of seriousness of the actual driving. The Court also went on to reduce the sentence to three-and-a-half years imprisonment, suspended after only 9 months.

By Emily Billiau | Principal

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