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Offline AshSimmonds

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Remember when this happened... Such a sad story.

Quote
Man jailed for three years over Ferrari street race crash

Man jailed for three years over Ferrari street race crash

A MAN has been jailed over an impromptu street race during which two people in a different car died when their Ferrari crashed.

Neil Muirhead, 44, driving a Ford GT sedan, began an impromptu street race with the Ferrari on the Warburton Highway at Lilydale in July 2006.

The County Court heard the two cars sped out of sight of other vehicles before the Ferrari lost control at 160km/h and slammed into a tree.

The driver Paul Estcourt, 33, and passenger Angela Taylor, 27, were killed.

A jury found Muirhead guilty of culpable driving over the death of Ms Taylor and reckless conduct endangering the life of Mr Estcourt.

Judge Lisa Hannan said while estimates of Muirhead's speed varied among witnesses there was no doubt it was well above the 80km/h speed limit.

"Your conduct cannot be described other than as outrageous," she said.

"The speed at which you were travelling in the circumstances of this case made disaster almost inevitable."

Judge Hannan accepted Muirhead's behaviour was out of character and unlikely to happen again, but she said general deterrence was an important sentencing consideration.

She said she must also consider Mr Estcourt's actions in determining culpability because he had been as equally reckless as Muirhead.

Muirhead was jailed for four years and eight months with a minimum of three years.

http://www.news.com.au/heraldsun/story/0,21985,25098882-661,00.html



Offline dkabab

Iím on the fence for this oneÖ. On one hand the guy was involved in the street race and it did provoke the Ferrari driver to speed as well (going by what they have said).
And on the other hand, the falcon as far as I can gather wasnít directly responsible for the crash of the Ferrari, so technically itís not his fault the Ferrari crashed.
Should he get 4 years? I donít knowÖ  :scratchchin:



Offline mhh

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Iím on the fence for this oneÖ. On one hand the guy was involved in the street race and it did provoke the Ferrari driver to speed as well (going by what they have said).
And on the other hand, the falcon as far as I can gather wasnít directly responsible for the crash of the Ferrari, so technically itís not his fault the Ferrari crashed.
Should he get 4 years? I donít knowÖ  :scratchchin:


The point  to note is the view courts will take of "accidental" death caused by speeding or dangerous driving.  The need to deter other drivers from reckless behaviour overrides issues of culpability or intent when sentencing.    I think this means that if 2 or more cars are speeding on the same road and at the same time and one crashes causing death, the other driver or drivers could go to jail.  There is a lesson for us all here.



Offline dkabab

well thats exactly right, if by chance someone has an accident/fatality on a cruise does that make others partly responsible? obviously depending on the incident.



Offline ACP

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The point  to note is the view courts will take of "accidental" death caused by speeding or dangerous driving.  The need to deter other drivers from reckless behaviour overrides issues of culpability or intent when sentencing.    I think this means that if 2 or more cars are speeding on the same road and at the same time and one crashes causing death, the other driver or drivers could go to jail.  There is a lesson for us all here.

The lesson is there, no question. However, I am struggling with the sentence.



Offline app


  • Joined: Sep 2008

  • Location: Adelaide
I totally agree with mhh here, the whole idea is to deter drivers from entering a street race if provoked. But I also totally agree with dkabab, the Ferrari and Ford GT both made their own choices knowing the risks they were taking, why should one be blamed for the other making their own choice and making a mistake and crashing into a tree?? I personally think 4 years is harsh, it's not like the guy intended to kill someone, people who have intended to kill others have got less. Furthermore mhh, I know this isn't quite right but punishing someone because someone else died seems more like they're punishing him so that other people won't do it rather than punishing him because he did the 'wrong' thing.



Offline mondi

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Hmmmmm, very interesting bench mark. This "should" send a message but we will see.

Lots of years ago when I was on my "P"s, we used to go to the street drags that were held on a very nice straight stretch of road in the middle of nowhere.
I will make it clear that it was as spectators only. The Cops had cracked the sh*ts about it and said that they would "come down like a ton of bricks" if we were caught.
So one Friday night we were out there sitting on top of the Type 3 Wagon on deck chairs watching all the hotted up cars just parked up and down the road.
No one was game enough to go for a cruise let alone have a drag. Anyhoo, some guy on his crotch rocket pulled up in the middle of the road and did a burn out and pissed off. This was enough to get everybody started and it was on.
Not long later the Cops arrived and were very angry. They rounded everybody up and made them all drive into town and park their cars in the Cop shop yard. This was way before hoon laws by the way. You maybe wondering why I am telling you this story in this thread? Well this is the reason why. We thought that we were not causing any problems, just sitting there watching, but the Cops grabbed us as well and back to the Shop we went.
I forget the exact term used now as it was a long time ago but the Cops said that we could all be charged with "Inciting public disorder" or something along those lines. It never happened but I can tell you we were crapping big black dogs!!!!

I am not sure if this is actually the case??? I don't think I have ever heard of spectators being charged before?? 



Offline AshSimmonds

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Quote
Ferrari drivers family just want answers

THE family of a Ferrari driver killed in a high-speed street race say they are still waiting for answers from the other driver involved.

Neil Muirhead, 44, was sentenced to at least three years' jail yesterday for his part in the crash that claimed the lives of Paul Estcourt, 33, and passenger Angela Taylor, 27.

They were killed on July 26, 2006 when Mr Estcourt lost control of his Ferrari on the Warburton Highway at Lilydale and slammed into a tree.

The County Court heard Muirhead had raced his Ford GT sedan against Mr Estcourt's Ferrari, which was travelling about 160km/h when it crashed.

A jury found Muirhead guilty of culpable driving over the death of Ms Taylor and reckless conduct endangering the life of Mr Estcourt. A judge accepted a culpable driving charge over Mr Estcourt's death should not go before the jury.

Judge Lisa Hannan said while Muirhead's behaviour was out of character it also was not a momentary lapse.

"The speed at which you were travelling in the circumstances of this case made disaster almost inevitable," she said.

Judge Hannan said general deterrence was an important sentencing issue, even though Mr Estcourt had himself been reckless and an author of his own fate.

A spokeswoman for Mr Estcourt's family, who asked not to be named, said his death had torn apart the previously close-knit clan. "It has just totally destroyed the family," she said.

"Three years. His (Muirhead's) children can visit him and he will get out at the end, whereas Paul's kids have to go to the cemetery to visit their dad."

The relative said while they were happy Muirhead had been held accountable, all Mr Estcourt's family ever wanted was an explanation of what happened.

Witnesses saw the two cars racing.

Muirhead went to the police after seeing reports of the incident.

"He never once said what happened. Why couldn't he have been a man?" the relative said.

Muirhead, of Moe, was jailed for four years and eight months with a minimum of three years.

http://www.news.com.au/heraldsun/story/0,27574,25102568-2862,00.html



Offline AshSimmonds

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The thing which stands out for me is that there's been little attention on the girl in the pax seat.

From what I remember of the story when it happened, she was barely an acquaintance - about to go off and do her own thing when Estcourt asked if she'd like to take a spin in his Ferrari.



Offline app


  • Joined: Sep 2008

  • Location: Adelaide
The thing which stands out for me is that there's been little attention on the girl in the pax seat.

From what I remember of the story when it happened, she was barely an acquaintance - about to go off and do her own thing when Estcourt asked if she'd like to take a spin in his Ferrari.

but she was just a pax, they can't charge or for being in the car or just watching.



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