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Jail time stands for speeding offence

19/11/2008 8:52:00 AM
A Dubbo man caught speeding three times above the speed limit has been sent to jail, after a district court judge dismissed a severity appeal against the sentence yesterday.

Gavin Boyd Rieschieck, 23, appeared before Judge Woods at Dubbo District Court, with a large contingent of his family and friends supporting him.

Judge Woods dismissed the appeal and ordered that the original sentence handed down by local court

Magistrate Howard Hamilton be upheld.

Rieschieck was taken into custody and will serve an eight-month jail term and a non-parole period of five months.

Judge Wood reduced his licence disqualification from five years to three years, meaning he will be eligible to apply for his licence in 2010.

Rieschieck - a clerk at the abattoir - was caught speeding at 175km/h in a 50km/h zone on his motorbike at 6.30 in the morning down Yarrandale Road in August this year.

Rieschieck told police he was “running late for work” when he opened the throttle of his bike and sped down a long straight stretch of the road.

In his decision to uphold a jail term for Rieschieck, Judge Woods said Rieschieck displayed “outrageously criminal behaviour” when he sped three times above the legal speed limit.

Although described as a person of “good character” with a good family background and social network, Judge Woods said that a stern message must be sent to the community and young drivers, that speeding kills.

“Dangerous and irresponsible driving causes more deaths on roads than any other thing that’s why we have these draconian rules,” he said.

“The authorities have to apply stringent measures to stop people killing themselves and others.

“I have had people driving incorrectly at 6.30am that have killed innocent people going to work.”

In his submissions to Judge Woods, Rieschieck’s solicitor said that where his client accelerated he had a clear vision of the roadway, it was an area with no houses in it and that at 6.30am in the morning there was “little actual danger” as far as people in the area.

Rieschieck’s solicitor said his client was suitable for rehabilitation, not a person who comes before the court often for major offences and recommended that Rieschieck be put on a bond or be given a community service order.

The Crown said the offence fell in the upper end of the serious scale and considering Rieschieck’s traffic history, a full-time custodial sentence should apply.

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Comments


Date: Newest first | Oldest first
I feel sorry for this poor man. Fair enough, strip him of his license for a good 5 years or so and impound a large fine and make him to go driver ed classes. Put an innocent man in gaol with real baddies. Fair chance he may not even come out of gaol or come out a very self contented person who will be dis-connected from everyone around him. We have to think this is his first traffic offence not like he has repeatedly offended. Good to see our justice system letting off people who assault and thieve but throw the book when it comes to these incidents. Well done.
Posted by JP on 19/11/2008 9:52:44 AM
Yes I agree wholeheartedly with the comments above - what comes as an error in judgement for this young fellow, not a criminal, goes into the correctional centre & comes out very much disengaged, and no doubtedly will come out of the system after consorting with much worse elements, and will then have problems in becoming re-employed - more for the centrelink system - good on you justice system !!!
Posted by cassie on 19/11/2008 11:15:54 AM
I agree with the others too. How to ensure this young bloke turns into a criminal! Ridiculous, utterly nasty judgement! I accept that what he was doing is dangerous to himself and others, but the penalty is utterly inappropriate.
Posted by Adelphe on 19/11/2008 12:13:05 PM
oh come on, he was doing 175 in a 50 zone he knew what he was doing was very wrong, he deserves everything he gets and more!
Posted by jim on 19/11/2008 2:10:10 PM
I think this sentence is terrible, and something needs to be done about it, serious criminals are walking the streets and this fellow does time for speeding????????take his license... fine him heavy, but a jail sentence... not right
Posted by ct on 19/11/2008 2:52:34 PM
. . . a young man in his prime of good nature sent to jail for this, what hope do we have of putting real criminals away . . .

(edited for legal reasons - ed)

Posted by js on 19/11/2008 5:31:44 PM
I'm Gavin's mother and consider him to be a decent young man who has Never been before the court in his life. The prior driving offences that have been refered to in the court system have been for motor bike accidents that Gavin has had which didn't involve anyother vechicles. These were a result of inexperience, The central west doesn't have any bike rider classes a young rider can obtain a license then be on their own on the road. In Gavin's spare time he does community work with disadvantage youth. He was on the student representitive council at school. Attends church on Sunday's. If the justice system was worried about young people speeding on the roads take their license this removes them from the road but not from the community. It cost's the tax payer thousands of dollars a year to keep one person in Goal.
Posted by Trish on 19/11/2008 6:44:35 PM
Yarrandale Rd is a 50 zone. Straight road, edge of town, scarce traffic. Seriously, who does 50 along there?? Does that make us all criminals? Ok, I admit it, I've done at least 80 along there. That should be about 4 months in jail by J. Woods' reckoning.
Posted by Adelphe on 19/11/2008 11:32:16 PM
Well done Judge Woods, you certainly have sent a stern message to the younger road users (and even some you would call older). It seems the message received by the majority of people I have discussed this topic with is "If you are detected speeding by such a margin DO NOT STOP, RUN." These people would rather take the slightly increased risk of crashing whil evading the police than the certainty of facing jail time. They would now rather protect their freedom and future than pull over for a speeding offence. Thankyou Judge for proving we have a legal sytem, not a justice system.
Posted by Grady on 19/11/2008 11:33:42 PM
Yarrendale Road: straight, clear, almost no traffic, 6.30am, late for work - first offence compared to Sydney Harbour tunnel four times - plus a police chase along a freeway with speeds up to 220 km/h!! http://www.smh.com.au/articles/2004/05/04/1083635119342.html ?from=storyrhs News report: May 4, 2004 A motorcyclist who raced through the Sydney Harbour tunnel at speeds of up to 212km/h for a "mad adrenalin rush" was sentenced to six months periodic detention, fined $2,200 and disqualified from driving for three years. Paul Jason Myers, 31, had pleaded guilty to 12 charges in Hornsby Local Court, including driving at dangerous speeds and failing to obey a police direction to stop. The court heard Myers was detected speeding through the tunnel four times between January 23 and February 6 2004 at speeds ranging from 159km/h to 212km/h. Myers had an obscured number plate to escape apprehension. On February 16, he evaded police officers from Operation Knievel, set up to catch him, leading them on a chase along the Gore Hill Freeway at speeds of up to 220km/h. if this was Rieschiek's first speeding event how can the "Crown state the offence fell in the upper end of the serious scale and considering Rieschiek's traffic history, a full-time custodial sentence should apply." Please expain in comparison to Paul Myers 'traffic history'.
Posted by pj on 20/11/2008 12:56:47 AM
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