Seriously injured motorcyclist forgives man whose negligent driving caused crash
A Queenstown man has learned his punishment after he seriously injured a young motorcyclist in a crash, with the young victim telling the court he bears no grudge. LATEST >
Police & Courts
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A Queenstown man has avoided jail after he seriously injured a young motorcyclist in a crash, with the young victim telling the court he bears no grudge.
Mark Anthony Rex Nicolle, 30, appeared in Hobart Magistrates Court on Thursday over one count of causing grievous bodily harm to another person by negligent driving and one count of driving a motor vehicle while a prescribed illicit drug is present in blood.
He had pleaded guilty to both charges, which occurred in July last year according to court documents.
Magistrate Glenn Haysaid Mr Nicolle was driving through Burnie at night, having driven from Hobart earlier that day, when he stopped to give way to a motor vehicle coming across the intersection in front of him.
He let the motorcyclist pass him, but when he accelerated to turn right he crashed into the motorbike rider.
Mr Hay said at an earlier court date the victim had sustained torn ligaments, cuts, scratches and could not work for six months after the incident.
Mr Hay could not discern whether or not the cannabis Nicolle had consumed earlier that day contributed to the crash, but said it was more likely inattention was the cause.
“From time to time … there is sheer inadvertence,” Mr Hay said.
“Maybe people are thinking about whatever else is happening in their lives … they just do not see what they should otherwise be required to see.”
The motorcyclist told the court in a victim impact statement he had tried not to think about the crash and wanted to “put it behind me”.
He believed Nicolle’s “catastrophic mistake” was not intentional.
“Nobody is immune from making bad decisions,” the victim’s statement read.
“That’s life.
“I absolutely wish the (crash) never happened … but I bear no grudge.”
Mr Hay said the 21-year-old’s victim impact statement was “quite mature” and outlined the extent to which the victim believed the crash had caused injury to him, and the extent to which his current mental and physical health condition had stemmed from pre-existing factors.
The magistrate said every road user had to be “so careful” to avoid making mistakes, and he deemed Nicolle’s mistake “significant”.
Mr Hay accepted Nicolle was remorseful and had entered his guilty pleas early, but warned Nicolle not to use cannabis if he planned to drive again.
Mr Hay sentenced Nicolle to three months imprisonment, wholly suspended for 12 months.
He fined Nicolle $390, disqualified him from driving for 12 months, and ordered him to pay court costs and victims of crimes levies.
eBay vendor avoids jail fo rimporting ‘vile’ child sex doll parts
A SANDY Bay resident and eBay vendor has narrowly avoided time in jail for importing 26 child sex doll parts, which he planned to sell to online buyers.
On Wednesday, Supreme Court judge Gregory Geason likened Xinzhe Lin’s actions to that of a drug trafficker – disregarding the harmful effects of products he intended to profit from.
“You are to be condemned for importing these vile products,” Justice Geason said.
The 29-year-old Chinese national is likely to have his bridging visa cancelled and be deported as a result of his crime.
Justice Geason said the silicone body parts, depicting an underage female, first arrived in a shipping container at a Melbourne terminal during September last year.
The container also contained a range of legal masturbation aids, adult sex doll parts, lubricant, vibrators and surfboard parts – which Lin intended to distribute via his eBay store.
The shipment from Shenzhen, China, was intercepted by Australian Border Force officers, with the offending items seized and the remainder delivered to Lin in Hobart.
Justice Geason said the child sex doll parts were intended to be used “to simulate sexual intercourse”, had the potential to “normalise sexual activity with minors” and could lead to increased risk to real children.
“The use of child like sex dolls may desensitise users … and increases the risk of children being objectified as sexual beings,” he said.
He accepted Lin did not have a personal sexual interest in the items but had been motivated to import them for financial gain.
Justice Geason also noted it had not been an isolated incident – Lin had imported similar products before and been issued with a warning and seizure notice.
Lin was sentenced to 11 months’ imprisonment, but with an immediate release with a security amount of $3000 and on condition he is good behaviour for two years.
Lin, who pleaded guilty to importing tier two goods – namely child abuse material – did not have his name added to the sex offenders’ register.
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