David Hookes - Assualt or Manslaughter?

[Lorelei]

Already some laws will be changed -


Vic New laws to tighten control over security industry

Publisher: Aap NewsWire
Publication: aap Australian General News (Tue 20 Jan 2004)

MELBOURNE, Jan 20 AAP - New laws demanding more competent crowd controllers and greater accountability from the industry will be introduced in the next session of Victorian parliament.

The news comes after cricketer David Hookes' death prompted widespread calls for a review of the crowd controller industry.

Former Australian Test player Hookes died in hospital last night from head injuries sustained when he was punched to the ground outside a Melbourne pub on Sunday night.

Hotel bouncer Zdravco Micevic, 21, was bailed in Melbourne Magistrates Court yesterday after being charged with one count of common law assault.

A spokesman for Police Minister Andre Haermeyer said new legislation would significantly update the Private Security Agents Act which regulated the crowd controllers industry.

Mr Haermeyer's spokesman said the act did not reflect the current state of the industry.

"It is important that we do have legislation that does mirror and is able to deal with the industry as it currently is," he said.

Acting Premier John Brumby promised further action to improve the crowd control and security industries if a review found that was required.

"Whatever steps need to be taken in the future to further tighten regulations to clamp down on unlawful, illegal and violent activities will be taken," Mr Brumby said.

"But first we do need to properly examine the current position."

Australia's peak hotel group today recommended a review of crowd controller training and vetting.

Australian Hotels Association (AHA) chief executive Alan Giles said there may be room for reform of regulations which control the training and licensing of bouncers.

"It is unacceptable for bouncers or crowd controllers to use any sort of violence ... it's just not on," he said.

"It may be perhaps in the reviewing of the crowd controllers act we have to make the training more specific to, perhaps, anger control and people management."

Current regulations require crowd controllers to undergo just a two-week training course and a police identity check to receive a licence.

[Canberra]

Tess, you are right about the legal precedent. It is referred to as "the Wilson precedent." Basically it involves intent. If it could be demontrated that any perpetrator of a serious assault did not intend to kill the victim then a charge of murder can not be sustained.That said, the key point of this case is that Hookes walked away,was followed for up to 70 metres and then struck. That could be construed as intent to cause grevious bodily harm or even result in a charge of manslaughter. The talk of a maximum penalty of 5 years only relates to an assault charge. I am not completely sure, but I believe the maximum penalty for manslaughter in Victoria is 25 years.

[commonwombat]

Am not sure of the Victorian statutes but at the time he was in custody he would have been facing aggravated assualt, GBH (Greivous Bodily Harm) charges at most. Whether we like it or not, conditional bail is the rule rather than exception in these cases unless the assault is linked to another felony.

If the victim dies as a result of such assaults, then it is customary that the charges be upgraded accordingly and likely bail conditions tightened at the v least.

Canberra's submission looks a very sound summary of the situation. Whilst clearly not having all the facts at hand, it appears on the surface that there could be sufficient grounds to pursue manslaughter charges successfully. Agree that it may be extremely difficult to prove intent to secure a murder conviction.

[London Dave]

That's what made me laugh when Peter Costello put in his two bobs worth, suggesting a three strikes and you're out kind of policy for licenced venues and violence...my first thought that the MCG will be closed down in the 8th over of the next ODI.

[joffa corfe]

The law is a farce and a heap of absolute bullshit..some of us want our old australia back!!!

We have drugs out of control we have morons attacking old ladies in there homes, we have arseholes pinching computers of pyhsically disabled people...The law is for the people, at present the law is an absolute joke its full of fat cats milking the system and if this piece of shit only gets a couple of years it will be a sign our society has no values it is allready losing at a very fast pace its morals and social obligations.

This piece of shit follwed hookes down a side street and bashed hookes and killed him FULL STOP...This pathetic wanker's responsibilities ends in the hotel he has no right to touch aprehend in any way any persons outside of the hotel..when its outside it becomes a police issue and responsibility.
And if any tosser trys to tell me it was the falling onto the ground that killed hooksy i will tell you that you are nothing better than the piece of shit that killed hooksy.
This baboon retard wanted to harm hooksy and he did and i hope the bastard suffers for every remaining day that he lives!!!!

[Canberra]

Amongst all this acrimony I'd like to post this from Baggy Green. Let's not concentrate on anything other than how good Hookesy was.

[Donny]

Thanks, Canberra. That article is already in Nick's Sports Bar.

There's a topic in there entitled, "Hookesy - Cricketer, character and coach" specifically for tributes and other information about his life.

This topic is about his death.

[CQ]

[Hanskies]

I personally think he should be done for manslaughter.
What was he doing like 70metres away from the pub anyway??
I think alot of bouncers are on ego trips by the way they behave, Ive seen them pin a guy down before after knocking him over and then they started kicking the guy. Its not on, they are there to PROTECT patrons inside the establishments, they're not their to get into fights themselves !!!

[Blanch]

Just on the QC's statement to the media, we have to realise he HAD to say that and the media needs to keep what he said in mind. Look, we all want the guy to go but lawyers will use what they can. If the media prints out details the "trial by media" will get the guy off. The only way to put this guy away is to keep the media in check and not allow what a lawyer could claim to be an unfair trial.

On the case though, there is precedent for assault to be the highest charge. However, the 70m follow is something different and therefore could be argued to separate this case from others. IMO the case will hinge on the prosecutions ability to suggest intent for walking the 70 meters and how the defence counters it. Yes we all know why he walked the 70 meters...but things are different in the courts. IF REPORTS ARE AS WE'VE BEEN TOLD, IMO (spot the disclaimer) Assault and GBH are a foregone conclusion, manslaughter is definately in play and depending on the lawyers chosen words murder is not out of the question.

[Greg J]

SO if he maintains his silence, intent will be hard to prove.

[foxy]

news this morning that hookes probably died as a result of heart failure, not the head injuries. sorry to say but that's extremely good news for the bouncer.

[JLC]

At the end of the day though it was the bouncers actions that no doubt cause the heartache as its highly unlikely that he would have incurred the heart attack otherwise. The law is a joke............so if someone was being held at gun point and that leads them to having a heart attack it would not be the fault of the gunman ?? Thats a joke.

Secondly surely there exists a duty of care to help an injured person that you see dying.

No thats right the law must ensure that thew guilty party gets protected.

what a joke.

jlc

[Joel]

[JLC]

That would be a classic if i got a harsher penalty than a bouncer who caused the death of someone

Stick and stones may break my bones but words will never hurt me.

jlc