David Hookes - Assualt or Manslaughter?

[Lorelei]

Someone asked this question on Bruce and Phil last night - about whether a precedent can be overturned.

Personally, I feel it should be Manslaughter because he wouldn't have hit the ground if it wasn't for the punch and/or the force of the punch.

The other issue that has to be addressed is that it is happening TOO often - all over the place. It is out of control.


Jen

[London Dave]

May be assualt, may be assault causing actual bodily harm, may be manslaughter, may be murder, I don't really know, criminal law isn't something I'm particularly familiar with. You seen to be suggesting Hinch speaking before the death. Things may have changed because of that. I read that the homicide squad is involved, which may mean a more serious charge. You just have to let justice take it's course. Each case should be taken on its merits, and I've never been one for jumping to conclusions....let the truth out in time.

If people are of the lynch mob/kangaroo court mentality, I guess that's their choice, though I personally don't see what good that would do. Might make you feel a little better I suppose. The question maybe asked, "How would I feel if it happened to someone close to me?" I honestly don't know is the answer. I hope I never find out too. Some of the comments thrown about on this and other boards I've seen (not by you I may add Tess)...well, I'd say a few of them expose their authors as bigots to say the least.

There's been a few cases similar to this, one I believe fairly recently in Melbourne resulting in a fatality, and I recall a few similar ones many years ago when the licensing of 'bouncers' was first mooted. It's an unfortunate aspect of society in some ways, that the death of a public figure provokes these reactions, but that of an 'anonymous' member of the public in similar circumstances results in a fraction of the community outrage.

Whatever happens, the accused in entitled to a fair trial, and justice, not vengeance, be done and also be seen to be done. I always feel sorry for everyone involved in these situations. There but for the grace of god go I.

[JLC]

I dont care what "technical" name you want to call it, if the guy is guilty i would hang the bastard. The papers reported a maximum of 5 years that would be an absoloute insult if that was the penalty.

This guy is meant to be a crowd controller that does not mean getting into fights and bashing your patrons. Secondly one of the duties of a crowd controller is looking after your patrons and this bastard left Hooksy for dead from the reports. The guy is just a thug who probably cant cut it as a boxer.

I think the Northern Territory have the right idea in that if you make the penalty severe enough then hopefully it will make people think before performing actions that have the potential to take a human life.

jlc

[i_luv_tarkyn!]

The accused man was meant to face court for another charge that occured in Essendon, yet his family said on Channel Ten news " We are in total shock, he has never done anything like this before. It isn't in his nature"
Will a second charge make the sentence harder?

-jess

[Bones]

Similar situation,
2 cars collide at roundabout one didnt give way. offending cars bullbar badly injures passenger, in coma for 3 weeks, eventually dies of pneumonia. All this bastard was charged with was failing to giveway and careless driving.

The law is an ASS...

[foxy]

probably 4-5 years for manslaughter. the 'victim fell back & hit his/her head' defence is normally rock-solid. very tricky for a prosecution to push for anything more, though no doubt some of the witnesses will really rip into the defendant.

[CQ]

[JLC]

The Law really is a crock. Its a really sad world we live in when it basically becomes a battle between the lawyers and if you have a good one you basically can escape very lightly.

At the end of the day if the guy hadnt punched Hookes he would still be alive simple as that. It was his reckless action that caused Hookes death. No doubt the lawyer will make up some Violin playing sob story and make this guy appear to be the brother of Mother Theresa.


Why waste the money of tax payers by putting him in jail ?? I say hang him even though we dont like Capital Punishment for some strange reason.

jlc

[PeterWH]

Until 6:30pm last nightthis 'goose' was guilty of assult,but now he is guilty of murder,as he didnt kill Hookes in self defence...that is manslaughter,but he king hit him,for no apparent reason....that is murder.
I hope that the judicial system....what there is of it,throws him in the clink and chucks away the key.


PeterWH

Peak Hill.....70K from Dubbo.....5k from Parkes

[Donny]

Jibe may have sparked attack

By Michael Warner - NEWS.com.au

AN offensive jibe to the partner of a Victorian cricket player may have been the event that turned a quiet Sunday celebration to tragedy.

Minutes earlier life couldn't have been any better for Victorian cricket coach David Hookes.

The former Test star and rising media personality was celebrating another hard-fought Bushrangers victory in the company of great mates Darren Lehmann, Darren Berry and Wayne Phillips.

Players from both the Victorian and South Australian teams had gathered for a few beers at the Beaconsfield Hotel in St Kilda, just hours after the finish of their nail-biting ING Cup clash at the MCG.

Patrons said there was nothing unruly about the group's behaviour and recalled seeing a smiling Hookes sitting in a corner, locked in deep discussion about matters of bat and ball.

"There was no sign of agro in the place whatsoever ... everyone was just having a drink and a dance," a witness said yesterday.

But the night turned ugly about 11pm when Hookes, known and loved for his straight-shooting style, overheard a remark made towards the girlfriend of one of his players by a hotel crowd controller.

Hookes is believed to have shared a few sharp words with a man before departing at closing with a group of about 10 friends.

The dispute spilled out on to the street, with three bouncers allegedly following Hookes and the group, including Berry and Lehmann, about 70m down the road.

Neighbours say they were woken by shouting and screaming and reported seeing the two groups pushing and shoving on the road.

One witness said he saw Lehmann being held in a head-lock as a woman screamed: "Just let him go."

A Cowderoy St resident said he then heard someone say, "You want to play smart mouth, now face the music", before a punch sent Hookes to the ground and the cricket world into mourning.

"He wound up and landed it directly on the guy's face, somewhere near his jaw or nose," the man said. "I heard a really loud cracking sound ... the guy just fell backwards and smashed his head on the road."

Hookes lay unconscious and motionless on the street, surrounded by distraught friends who held his hand and tried desperately to wake him.

One witness interviewed by police said he saw one man acknowledge the punch to Hookes with a "footy tap on the bum" as the trio wandered off and returned to the bayside hotel.

"It looked like this was a tough-guy thing," he said.

Police arrived on the scene within minutes and began performing CPR as the 48-year-old cricket legend went into cardiac arrest.

He "technically died" before being revived by paramedics who worked on him for almost

35 minutes.

Paramedic Marcus Stacey said it was a traumatic scene to attend. "When it became apparent who the patient was, having that person as a childhood hero, yeah ... it does make it a little bit challenging," he said.

Hookes was taken to the nearby Alfred Hospital, suffering severe head injuries.

Berry, Phillips, Lehmann and wife Robyn kept a bedside vigil throughout the night and well into yesterday, while police arrested 21-year-old crowd controller Zdravco Micevic. He faced court yesterday and was released on bail.

Hookes was said by his closest friends to have been in the prime of his life, revelling in Victoria's new-found on-field success and a growing media career. Just two weeks ago he oversaw the side's record-breaking 455-run last innings Pura Cup victory over NSW.

Recently regarded as the competition's easy-beats, the win moved the Bushrangers well clear of their nearest rivals on the Pura Cup table and into the box seat to host a home final at the MCG next month.

The South Australian run-machine moved to Melbourne to join the 3AW team in 1995 - sitting alongside great mate and former Melbourne and Swans star Gerard Healy on the top-rating Sports Today program.

He surprised many by agreeing to take on the Victorian state cricket team job in May 2002 - triggering an almost instant revival.

Hookes' first love was cricket but he also reserved a soft spot for football, running for the Fitzroy Football Club during the 1996 AFL season.

[WhyPhilWhy?]

If you are wondering why the Mods are being a little hesitant about this issue, the Victorian Director of Public Prosecutions has today warned media outlets not to go too far in reporting details of the incident which led to the violent death of David Hookes last night.

This is the text of Paul Coghlan’s press release:

[Lorelei]

Well maybe people have had enough of the law or moreso, of the non-law.

Sick of not being able to go out, have a good time, get a train, go to the footy - without some person who is getting paid to do a job - thinking he is mightier than everyone else.

As if people talking about it is going to make any difference to what will happen to the accused - because people aren't stupid enough to think that anything will happen to him anyway - we've been there done that.

Look at it - the KILLER Paul Denyer - killed three innocent women and got a 30 year non parole period. Like WTF is that all about - so the legal fraternity are kidding themselves if they think society is really that dumb to think that "Ohhh ahh .. better not say anything... this could affect this case." People are talking about it because they are angry and fed up and frustrated. We are taught our whole lives to do the right thing because doing the bad thing is wrong and you'll get into trouble - but that is just a lie judging by what has been going on lately.

And this is in no way aimed at Nicks people - you are all doing a fabulous job moderating.. this is my own little rant.


Jen

[JLC]

Haahahaaha thats a classic

That QC is a toolbag (he can sue me if he likes i couldnt give a toss).........im sure had his wife had been killed in similar circumstances he may have a different stance.

As far as im concerned Mr Crowd Controller (who punches someone in the back of the head??) gave up all his liberites that he is entitled to, with his reckless action.

jlc

[London Dave]

The legal system doesnt make the laws, only interprets them...laws are made by your elected representatives. If you have a problem with what you consider stupid laws, I suggest you start with your local MP, who can initiate a change to them.

[Lorelei]

Oh and another thing - very much OT but to do with Prisoners and the law - the prisoners need their cigarettes or they'll be very very angry if they don't??? WHAT A CROCK! (Prison wardens want to work in smoke free environments, but smoking is seen as being ok in prison and the inmates are going to ape if that privilage is taken away)

There are children all over the place who would like some kind of breakfast before they go to school - some families cannot provide that, there are people living in poverty - depending upon outside sources to try and allow them to live from day to day and these prisoners want to be able to smoke in their cells. GET A GRIP.

When they committed their crime they are sent to prison for a reason - why should everyday people doing their job (prison wardens) have to work in a smoky environment just because these people jump up and down wanting to smoke.

If they want to smoke - do the right thing and don't get put in there in the first place and stop making US support your crap.

*now off the soapbox*