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Premium Episode #31 - Nicky Fleming

🕑 Added 2024-10-26 08:04:06 +0000 UTC

Comments

B-randy D

These last several episodes have been so incredibly heavy. But thank you for doing amazing work, as always.

Michael Brodie

Much appreciated Manuel

Manuel

Very insightful comment. Thank your for taking the time.

Ali

I'm suspecting he may have been under the influence of something, certainly from the way other motorists described his driving. Or he's just a coward. Completely unforgivable either way

Mandy G

5 years is insulting and unacceptable. That poor family.

fiona liston

I’ll never understand people who don’t stop when they’ve hit something. He can use all excuses in the world, yet they didn’t add up. He was aware enough to pull over once exiting and look back towards the scene of the accident and not the vehicles moving past. His sentence was disgraceful. A child lost his life and a family is left to grieve for the rest of theirs.

Michael Brodie

If I had been the DPP, I would have seriously considered a charge of murder. The reason I say this was when I was studying criminal law as part of my degree, there was a notable case involving a road train, albeit the case took place in the NT. In that case, the driver had a few too many at a roadside bar near Alice Springs. Things got heated, a fight broke out, and at some stage the driver left the bar and took off in his road train. He had left shortly before closing time. After driving for a while, his temper only grew in intensity. At some point, he doubled back towards the bar. Whilst the bar had closed and most of the lights had been turned off, the driver was by this stage single-minded in his desire to settle a score. He drove at high speed into the bar, killing an employee inside who was doing the last of their chores before fully closing up. From memory, the driver was found guilty on the grounds of causing death intentionally through an act of "wilful blindness." I'm pretty sure the case was appealed up to the High Court which affirmed the finding of murder on the basis that it was reasonably foreseeable that a person or persons would likely still be in the bar and that his actions were further likely, if not certain, to cause the death of anyone still in the bar. The Fact that this is the law as settled by the High Court makes it binding precedent which must be applied by all lower courts in Australia. Murder and it's elements are not codified - you will not for instance find any provision dealing with murder in the Crimes Act 1958 (Vic) whilst it does deal with all other serious indictable offences. I have often wondered whether this concept of wilful blindness exists in the common law in other Australian jurisdictions. For the reasons stated above, I believe it must. In my opinion it ought to apply and further, it ought be applied more frequently to cases of such utter criminal disregard for life . I'll look into it, because , in my opinion, the conduct here goes beyond even the very serious level prescribed by law for culpable driving. It reaches the requisite level of mens rea for murder. I'm a retired lawyer. I wasn't a criminal lawyer, but this case really hits a nerve.

AR

Another well written episode! Such a grim case, but such heartening police work.

Saraneth

The last six episodes have involved child death. It seems like a longer run than usual of a particular trigger. I just wanted to point it out as it’s almost certainly not intentional.

Jays

Wow, I think this episode hit me the hardest of the ones this year. I travel on the Hume and drive past the Violet Town exit, at least once a month. There is a memorial cross just before the exit. And it's probably the most decorated one along the stretch of Hume that I drive. I had no idea this was the story. It's so close to home, as I also traveled as a child on the Hume, past Violet Town, with my family, for camping trips, including at Easter time, and possibly even the same year. I can't believe it's taken me this long to learn about this. I hope the family are coping, and I hope that's the last we hear about Mr. Kilmore in terms of road accidents/crime.