| Vancouver Auto Chat 2016 VAC Community Head Moderator: Raid3n |
 | | 
06-06-2018, 06:10 AM
|
#1 | | RS.net, helping ugly ppl have sex since 2001
Join Date: Nov 2002 Location: 604
Posts: 8,002
Thanked 4,439 Times in 2,131 Posts
Failed 296 Times in 140 Posts
| Speeder going 140 km/h on Oak who killed someone acquitted
This is why we will continue to see asshats driving like they own the road. WTF is this ... what more do you need for a conviction? Is this the Philippines or something where you can pay off the judge if you have enough $$? If anyone can offer an explanation of logic to this ... please do. Woman says justice denied in death of her husband in Vancouver crash | Vancouver Sun “Where is justice?”
That is the question Josephine Hui has been asking since last month when the man charged in connection with her physician husband’s death in 2015 was acquitted. It is a decision she says is “absurd and ridiculous” and that she now wants to see appealed.
Alphonsus Hui died at age 68 after the driver of an Audi slammed into his Suzuki on Nov. 14, 2015 at the intersection of West 41st Ave. and Oak St. in Vancouver. Police estimated that the driver who hit him had been travelling at more than 140 km/h before the crash.
Ken Chung, then 35 and of Richmond, was tried for dangerous driving causing death. He was acquitted on May 25.
The judge concluded that “the momentariness of the accused’s conduct in excessively speeding is insufficient to meet the criminal fault component and he must be acquitted.”
| 
|  | |
06-06-2018, 07:03 AM
|
#2 | | I contribute to threads in the offtopic forum
Join Date: Apr 2001 Location: VAN/RMD/BBY
Posts: 2,596
Thanked 1,022 Times in 450 Posts
Failed 54 Times in 30 Posts
| Quote:
Originally Posted by whitev70r  The judge concluded that “the momentariness of the accused’s conduct in excessively speeding is insufficient to meet the criminal fault component and he must be acquitted.” | Never stopped the police from handing out speeding tickets. But when it's time to really do something, they fail us.  | 
| | |
06-06-2018, 09:07 AM
|
#3 | | Rs has made me the woman i am today!
Join Date: Jan 2012 Location: PENIS
Posts: 4,294
Thanked 4,158 Times in 1,304 Posts
Failed 297 Times in 125 Posts
|
"dangerous driving causing death"
Why didn't they charge with manslaughter. 140km/h is almost 3 times the speed limit. :mindblown:
__________________ There's a phallic symbol infront of my car Quote: |
MG1: in fact, a new term needs to make its way into the American dictionary. Trump............ he's such a "Trump" = ultimate insult. Like, "yray, you're such a trump."
| bcrdukes yray fucked bcrdukes up the nose
dapperfied yraisis
dapperfied yray so waisis
FastAnna you literally talk out your ass
FastAnna i really cant
FastAnna yray i cant stand you
| |
| | |
06-06-2018, 09:14 AM
|
#4 | | NOOB, Not Quite a Regular!
Join Date: Sep 2017 Location: Vancouver
Posts: 40
Thanked 92 Times in 12 Posts
Failed 10 Times in 2 Posts
|
He was caught excessive speeding again after he killed someone? Lol this guy has major psychological issues and should be in an institution.
Last edited by hwangr; 06-06-2018 at 09:22 AM.
| |
| | |
06-06-2018, 09:58 AM
|
#5 |
Join Date: Apr 2006 Location: Burnaby
Posts: 3,931
Thanked 3,777 Times in 1,003 Posts
Failed 267 Times in 76 Posts
|
we need batman
or dexter
dexter might be better.
__________________ Quote:
Originally Posted by jasonturbo Too bad it isn't about flipping cars to lose money, I'm really good at that. | Quote:
Originally Posted by SkunkWorks This wouldn't happen if you didn't drive a peasant car like an Audi... | Quote:
[14-05, 14:59] FastAnna You tiny bra wearing, gigantic son of a bitch
[15-05, 10:35] FastAnna Yeah I was dreaming of those big titties in that tiny bra
| Quote:
Originally Posted by westopher I'd probably blow someone for that 911 | | |
| | |
06-06-2018, 10:48 AM
|
#6 | | 14 dolla balla aint got nothing on me!
Join Date: Sep 2005 Location: Vancouver
Posts: 647
Thanked 219 Times in 82 Posts
Failed 28 Times in 10 Posts
|
My parents were personal friends with the victim. He loved to sing in choirs and ballroom dance. It's a shame to have no justice in the end. Rip.
| |
| | |
06-06-2018, 10:52 AM
|
#7 | | RS Veteran
Join Date: Nov 2001 Location: An Island
Posts: 14,400
Thanked 5,024 Times in 1,083 Posts
Failed 4 Times in 4 Posts
| Quote:
Originally Posted by whitev70r
The judge concluded that “the momentariness of the accused’s conduct in excessively speeding is insufficient to meet the criminal fault component and he must be acquitted.”
| This is the problem and why someone can drive 140 km/hr in a 50 zone and kill your son/daughter/mother/father/wife and get next to no jail time.
I always remember a case Canada Day 2011 where a motorcyclist was killed by a driver who crossed the center line on TCH in Langford. The driver Tracy Dawn Smith was high on cocaine, drunk and in a rage.
She was given one day in jail and three years probation. Eventually she got two years in jail after Crown took the case back to the BC Court of Appeals. For killing someone. While drunk and high and crossing the center line.
More details: Tracy Dawn Smith Breach of Probation Court Date Monday in Surrey
__________________
Victoria Car Assessments - Condition assessments (test drive, photos, deficiencies and summary). RS member references available. IG @touringteg
1998 Acura Integra Type R #0635
2017 Honda Civic Type R #01818
| |
| | |
06-06-2018, 11:17 AM
|
#8 | | I contribute to threads in the offtopic forum
Join Date: Feb 2008 Location: North Van
Posts: 2,849
Thanked 7,109 Times in 1,264 Posts
Failed 291 Times in 102 Posts
|
How is there no established case law with virtually identical circumstances where the defendant is found guilty of dangerous driving causing death?
So now if I go crash into someone doing 90/hr over the speed limit and kill them I will use this case to support my pursuit of an acquittal? Dafuq?
__________________ Quote: |
Originally Posted by jasonturbo Follow me on Instagram @jasonturtle if you want to feel better about your life | | |
| | |
06-06-2018, 11:34 AM
|
#9 | | I contribute to threads in the offtopic forum
Join Date: Jun 2012 Location: Vancouver
Posts: 2,737
Thanked 3,242 Times in 861 Posts
Failed 136 Times in 59 Posts
| Quote:
Originally Posted by jasonturbo How is there no established case law with virtually identical circumstances where the defendant is found guilty of dangerous driving causing death?
So now if I go crash into someone doing 90/hr over the speed limit and kill them I will use this case to support my pursuit of an acquittal? Dafuq? | Thats the first thing I thought about. Going forward we now have precedence for lenience on cases like this. Perhaps some lawyers can chime in.
| |
| | |
06-06-2018, 11:42 AM
|
#10 | | nuggets mod
Join Date: Feb 2002 Location: richmond
Posts: 7,065
Thanked 3,835 Times in 987 Posts
Failed 178 Times in 60 Posts
| Quote:
Originally Posted by whitev70r The judge concluded that “the momentariness of the accused’s conduct in excessively speeding is insufficient to meet the criminal fault component and he must be acquitted.” | There must be more to this story that I'm not understanding.. maybe they were going with too aggressive charges? I don't think 'momentariness' of an act ever gets you off when you killed someone..
__________________
I searched for truth, and all I found was You
| |
| | |
06-06-2018, 11:49 AM
|
#11 | | Willing to sell body for a few minutes on RS
Join Date: Aug 2004 Location: Duncan, BC
Posts: 10,127
Thanked 5,568 Times in 2,107 Posts
Failed 231 Times in 90 Posts
|
Get punished for doing something potentially dangerous via tickets, points, losing licence, etc without actually hurting anyone.
Kill or seriously injure someone while doing it, barely get any additional punishment.
The guy who killed the cop in Victoria while drunk and trying to evade police got 4 years. And he’s on trial for another drinking and driving charge (crashing his vehicle while trying to evade a road block with a woman in the car) while serving that sentence.
| |
| | |
06-06-2018, 12:22 PM
|
#12 | | Rs has made me the woman i am today!
Join Date: Sep 2006 Location: Vancouver
Posts: 4,157
Thanked 1,346 Times in 589 Posts
Failed 149 Times in 56 Posts
|
Sounds like the victim wife is better off getting into her car and plowing the guy over. All good, she will get slap on the wrist.
Our fucked up justice system...
| |
| | |
06-06-2018, 12:31 PM
|
#13 | | My homepage has been set to RS
Join Date: Apr 2004 Location: Vancouver
Posts: 2,287
Thanked 1,436 Times in 564 Posts
Failed 40 Times in 21 Posts
|
The softness of our courts is absolutely incredulous.
I have a personal connection to this as Dr.Hui was actually my physician since birth. What a time the family must be going through to have someone taken away like that and zero meaningful repercussions from their actions. This incites me so much I'm beyond words.
What will it take for us to wake up and start punishing people that excessively speed? I'm all for having fun behind the wheel as a RSer but as of now it feels like the wild West out there both with our lax court systems and insurance.
| |
| | |
06-06-2018, 03:06 PM
|
#14 | | I STILL don't get it
Join Date: Nov 2015
Posts: 470
Thanked 565 Times in 167 Posts
Failed 55 Times in 13 Posts
|
I couldn't find an answer to my question, but did the guy who died pull out into an intersection illegally? Did he have the right of way? Because all things are pointing to he shouldn't have been in the intersection at the time he was hit. That is the only way I can see someone being acquitted. With that said the blame doesn't solely fall upon the victim but it would definitely give some insight into how a verdict like that came to be. Everyone seems to have these hardline stances on how they feel yet I don't see any actual facts on what took place that led to the accident. Without that it's tough to have an opinion.
| |
| | |
06-06-2018, 04:22 PM
|
#15 | | Performance Moderator
Join Date: Jun 2001 Location: Richmond
Posts: 16,680
Thanked 17,381 Times in 5,815 Posts
Failed 291 Times in 187 Posts
|
^ This... it’s cuz he turned left in front of the Audi if I remember correctly... the law never cares how fast the other car is going or whatever they will just say he should have seen him... we all know it’s bullshit but I think that’s the missing info
| |
| | |
06-06-2018, 04:25 PM
|
#16 | | I contribute to threads in the offtopic forum
Join Date: Jan 2005 Location: North Vancouver
Posts: 2,999
Thanked 1,684 Times in 583 Posts
Failed 50 Times in 22 Posts
|
Even if he had a green light, he should still be "at fault" if he was going 140km/h through an intersection. People cant be expected to tell a car is coming that fast from 2-3 blocks away as they are making a turn. Stupid icbc
| |
| | |
06-06-2018, 05:38 PM
|
#17 | | NOOB, Not Quite a Regular!
Join Date: Sep 2017 Location: Vancouver
Posts: 40
Thanked 92 Times in 12 Posts
Failed 10 Times in 2 Posts
|
Should appeal and use Ken Chung's getting caught excessively speeding in 2017 as evidence in having no remorse for his actions aka murder/manslaughter and negate the argument of "momentary" lack of judgement.
| |
| | |
06-07-2018, 12:13 AM
|
#18 | | Need to Seek Professional Help
Join Date: Jul 2008 Location: Vancouver, BC
Posts: 1,036
Thanked 1,820 Times in 501 Posts
Failed 57 Times in 27 Posts
| Quote:
Originally Posted by 68style ^ This... it’s cuz he turned left in front of the Audi if I remember correctly... the law never cares how fast the other car is going or whatever they will just say he should have seen him... we all know it’s bullshit but I think that’s the missing info | That would make sense, and could likely explain what the judge meant by "momentary"... that is, Dr. Hui happened to be in the wrong place at the wrong time by turning left at a green light.
I am not a MVA lawyer, but my assumption is that had speed NOT been a factor, let's say Chung was driving at 60 km/h through a green light, and hit and killed Dr. Hui (very possible depending on size, age, structural integrity etc. of the two vehicles involved), he would not be found guilty of "causing death". If Dr. Hui did not tragically die, he in fact would have been found at fault by ICBC for not yielding the right of way. It's possible that the judge viewed the excessive speed as secondary to the fact that Dr. Hui was turning left without yielding to oncoming traffic. Was speed a factor? Absolutely. But I am assuming the judge is agreeing that is the left-turning driver's responsibility to gauge the speed and distance of oncoming traffic.
Yes, Ken Chung is a piece of shit for excessive speeding not just once but twice and also because he killed an innocent individual... and let's face it, the leniency showed by our justice system means he will probably end up speeding again... but I think it's important to consider all of the factors involved here.
| |
| | |
06-07-2018, 11:51 AM
|
#19 | | What hasn't Killed me, has made me more tolerant of RS!
Join Date: Jun 2003 Location: 'Berta
Posts: 182
Thanked 61 Times in 18 Posts
Failed 0 Times in 0 Posts
| Quote:
Originally Posted by freakshow There must be more to this story that I'm not understanding.. maybe they were going with too aggressive charges? I don't think 'momentariness' of an act ever gets you off when you killed someone.. | As other people above have mentioned above it has to do with right of way.
There's also more details here: https://thebreaker.news/news/audi-speeder-not-guilty/
Transcript of the court case here https://www.scribd.com/document/381217405/R-v-Chung
From what I can tell, the judge and defense state that anyone turning (in this case Dr. Hui) must yield and ensure it is safe before turning and right of way is given to the individual going straight. They couldn't definitively prove Dr. Hui had his signal on, and that Chung also had apparently tried braking so it proved he was at least attentive and not inattentive.
I would still point out Chung was going nearly triple the speed limit which had to have have played in a factor in the accident regardless of who had right of way.
Also there's this part that pisses me off:
"... observed the Audi to be “in a hurry” causing him and another driver to apply their brakes. He later saw the Audi behind him while he was driving at 50 km-h until 42nd Avenue, when the Audi passed him at a high speed, in the curb lane between 42nd and 41st before the collision.
Crown counsel Jocelyn Coupal submitted that Chung had been overtaking vehicles while driving in the curb lane, came within a half-second of rear-ending a right-turning vehicle in the curb lane in front of him, and did not see or could not have seen Hui’s vehicle in the intersection. "
Last edited by ak1to; 06-07-2018 at 12:09 PM.
| |
| | |
06-07-2018, 12:06 PM
|
#20 | | HELP ME PLS!!!
Join Date: May 2002 Location: vancity
Posts: 5,734
Thanked 722 Times in 364 Posts
Failed 40 Times in 26 Posts
|
The defense lawyer must be a god.
| |
| | |
06-07-2018, 01:09 PM
|
#21 | | RS.net, helping ugly ppl have sex since 2001
Join Date: Nov 2002 Location: 604
Posts: 8,002
Thanked 4,439 Times in 2,131 Posts
Failed 296 Times in 140 Posts
|
Even with all this extra information, if I was judge, I would still ban Mr. In a hurry from driving at least a year and throw him in jail for 30 days to slow his ass down in life.
Last edited by whitev70r; 06-07-2018 at 07:50 PM.
| |
| | |
06-07-2018, 01:10 PM
|
#22 | | I STILL don't get it
Join Date: Nov 2015
Posts: 470
Thanked 565 Times in 167 Posts
Failed 55 Times in 13 Posts
| Quote:
Originally Posted by ak1to As other people above have mentioned above it has to do with right of way.
There's also more details here: https://thebreaker.news/news/audi-speeder-not-guilty/
Transcript of the court case here https://www.scribd.com/document/381217405/R-v-Chung
From what I can tell, the judge and defense state that anyone turning (in this case Dr. Hui) must yield and ensure it is safe before turning and right of way is given to the individual going straight. They couldn't definitively prove Dr. Hui had his signal on, and that Chung also had apparently tried braking so it proved he was at least attentive and not inattentive.
I would still point out Chung was going nearly triple the speed limit which had to have have played in a factor in the accident regardless of who had right of way.
Also there's this part that pisses me off:
"... observed the Audi to be “in a hurry” causing him and another driver to apply their brakes. He later saw the Audi behind him while he was driving at 50 km-h until 42nd Avenue, when the Audi passed him at a high speed, in the curb lane between 42nd and 41st before the collision.
Crown counsel Jocelyn Coupal submitted that Chung had been overtaking vehicles while driving in the curb lane, came within a half-second of rear-ending a right-turning vehicle in the curb lane in front of him, and did not see or could not have seen Hui’s vehicle in the intersection. " | What i'm getting from it is he was speeding up, slowing down, speeding up etc. It sounds like he was behind the witness speaking, and eventually tried to speed past the guy. It sounds that in this case another car was in the lane he changed into and quickly moved back into the original lane which was blocked by the witness travelling 50km/hr only to hit the victim. If this is the case, a perfect example of why people should move over from the left lane to the right lane when going slow compared to the flow of traffic.
This is really an unfortunate situation imo and sucks for everyone involved.
| |
| | |
06-07-2018, 01:33 PM
|
#23 | | reads most threads with his pants around his ankles, especially in the Forced Induction forum.
Join Date: Mar 2004 Location: Vancouver
Posts: 10,645
Thanked 2,191 Times in 1,131 Posts
Failed 929 Times in 340 Posts
|
That's why we need self driving cars. So people can't speed like this. Or have AI in the car that prevent people form going over 10km/hr on the road speed limit they are on.
| |
| | |
06-08-2018, 11:21 AM
|
#24 | | I answer every Emotion with an emoticon
Join Date: Feb 2005 Location: somewhere
Posts: 7,906
Thanked 2,485 Times in 1,007 Posts
Failed 1,234 Times in 307 Posts
|
Our law is bunk for these kinds of things... Speeding is one thing but when you kill someone speeding and not getting punished it ridiculous...
| |
| | |
06-08-2018, 03:53 PM
|
#25 | | NOOB, Not Quite a Regular!
Join Date: Sep 2017 Location: Vancouver
Posts: 40
Thanked 92 Times in 12 Posts
Failed 10 Times in 2 Posts
|
His actions caused death. It could be reasonably assumed the death wouldn't have if he wasn't driving triple the limit. If he's unable to be punished accordingly for negligence and manslaughter, atleast ban him from driving for the remainder of his life. Trade for ending another's life.
He's out there driving, possbly right now as we speak, and probably and most likely speeding too. If he killed someone and still did excessive speed limit afterwards, who knows how his mind works.
| |
| | | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off
| | |
All times are GMT -8. The time now is 08:25 AM.
|
You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!
The banners on the left side and below do not show for registered users!
