Samantha Murphy Ballarat * Patrick Orren Stephenson Charged With Murder

[Kurve]

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The Murder of Rebecca Young - Ballarat

The Murder of Hannah McGuire - Ballarat * Lachie Young

17

Lachie Young

Age

25

Ht

189cm

Wt

81kg

Pos.

Def

Career

Season

Last 5

D

10.5

3star

K

6.4

3star

HB

4.1

3star

M

3.3

3star

T

1.8

4star

MG

220.3

3star

D

9.0

2star

K

5.5

2star

HB

3.5

2star

M

1.0

1star

T

2.0

3star

MG

210.0

3star

D

11.2

3star

K

6.2

3star

HB

5.0

4star

M

3.8

4star

T

1.8

4star

MG

219.6

4star

charged



Allegedly

 

[Kurve]

What is the law?
I mean it's the road safety act but in terms of application.
If you or I blow 0.12 or test positive for meth than the police will absolutely take your licence possibly impound your vehicle and charge you on summons. They are hardly going to let you drive home.
Under what circumstances do you keep your licence?
Law has been updated in vic

You keep your license until it goes to court and the defendant has the opportunity to challenge the readings, successfully or not.

 

[Run n Spread]

Point I'm making is related to a theory posted here about hit and run and fact POS has been charged.
October POS has been pulled over tests positive for say ice on the spit test.
Normal procedure = police confirm the positive test at station with a more in depth test and confiscate his licence and charge on summons. Same as drink driving.
No way he's back behind the wheel that day.
I'm curious than (genuinely as to how police apply the law) as to the procedure before testing positive and facing a magistrate.
Or have they charged him another way?

 

[Run n Spread]

You keep your license until it goes to court and the defendant has the opportunity to challenge the readings, successfully or not.

With respect that is simply not the case.

 

[Kurve]

With respect that is simply not the case.

Not always, it depends.

Truck drivers can fail a drug test, they get a fine and all they have to do is not drive for twenty four hours (or thirty six I don't remember), that's across most states.

DUI Offences and Penalties in VIC​

If it is your first time being charged with a drink driving offence in Victoria, and your BAC is below 0.15 then you will receive an infringement notice, which will outline your fine and suspension period. You can elect for the infringement notice to be dealt with in court, but if the court finds you guilty then more serious penalties may apply. All subsequent drink driving offences, and those with a reading over 0.15, will receive a summons to attend court where the Magistrate will suspend your licence for a period of between 5 to 48 months. If you are required to have a zero BAC, and your reading is less than 0.05, you will receive a 10 demerit point loss. If your reading was 0.05 to 0.069, and you are required to have a zero BAC, or you are on a full licence but under the age of 26, you will automatically lose your licence for 6 months. Full licence drivers, 26 and over with a BAC of 0.05 to 0.069 will lose 10 demerit points. All drivers with a reading of 0.07 to 0.14 will have their licence disqualified for a period of between 6 to 14 months depending on the BAC level. If your BAC was greater than 0.10, or you are a repeat offender, then the police will suspend your licence on the spot. On top of a suspension period you will also receive a fine which increases with your BAC level. Repeat offenders may also find themselves serving up to 18 months in prison.

Victoria Drink Driving Law

Drink Driving Lawyers Victoria | Drink Driving Solicitors VIC. Expert and affordable. Call us on 1300 636 846. Hotline open 7am-Midnight, 7 days.

www.gotocourt.com.au

Driving with drugs and alcohol present​

Drivers may be charged with a separate offence if they are caught driving with more than the prescribed amount of alcohol and illicit drugs present. The penalties for this offence are higher. Find out more about going to court for traffic offences if you are charged with this offence.

Drug driving | Victoria Legal Aid

The police may charge you with an offence of drug driving if they think that you had a drug in your system while you were driving and this has affected your driving.

www.legalaid.vic.gov.au

 

[Run n Spread]

Not always, it depends.

Truck drivers can fail a drug test, they get a fine and all they have to do is not drive for twenty four hours (or thirty six I don't remember), that's across most states.

DUI Offences and Penalties in VIC​

If it is your first time being charged with a drink driving offence in Victoria, and your BAC is below 0.15 then you will receive an infringement notice, which will outline your fine and suspension period. You can elect for the infringement notice to be dealt with in court, but if the court finds you guilty then more serious penalties may apply. All subsequent drink driving offences, and those with a reading over 0.15, will receive a summons to attend court where the Magistrate will suspend your licence for a period of between 5 to 48 months. If you are required to have a zero BAC, and your reading is less than 0.05, you will receive a 10 demerit point loss. If your reading was 0.05 to 0.069, and you are required to have a zero BAC, or you are on a full licence but under the age of 26, you will automatically lose your licence for 6 months. Full licence drivers, 26 and over with a BAC of 0.05 to 0.069 will lose 10 demerit points. All drivers with a reading of 0.07 to 0.14 will have their licence disqualified for a period of between 6 to 14 months depending on the BAC level. If your BAC was greater than 0.10, or you are a repeat offender, then the police will suspend your licence on the spot. On top of a suspension period you will also receive a fine which increases with your BAC level. Repeat offenders may also find themselves serving up to 18 months in prison.

Victoria Drink Driving Law

Drink Driving Lawyers Victoria | Drink Driving Solicitors VIC. Expert and affordable. Call us on 1300 636 846. Hotline open 7am-Midnight, 7 days.

www.gotocourt.com.au

Driving with drugs and alcohol present​

Drivers may be charged with a separate offence if they are caught driving with more than the prescribed amount of alcohol and illicit drugs present. The penalties for this offence are higher. Find out more about going to court for traffic offences if you are charged with this offence.

Drug driving | Victoria Legal Aid

The police may charge you with an offence of drug driving if they think that you had a drug in your system while you were driving and this has affected your driving.

www.legalaid.vic.gov.au

If your BAC is above .1 or you are charged with a hooning offence or have hard drugs in your system the police will not only suspend your license on the spot but impound your vehicle.
You will than later receive a summons with a brief of evidence against you to appear in court.
From there you can plead guilty on the day and receive a penalty (backdated from the day) or elect to plead not guilty and a contested hearing will be scheduled.
Anyone pm if you want to debate or more info on dd laws as I don't want to clog thread

 

[Run n Spread]

Anyway getting sidetracked as to the case these latest charges indicate my own and here original hit and run theory may have merit.
This whole thing makes no sense.
She disappears out of nowhere
Can't be found. Nothing happens.
Out of nowhere a random 22yo who has no connection who has been under surveillance for 2 weeks is charged.
And police and defence are saying nothing. No leaks PR tips or staunch defence statements radio silence all round.

 

[Kurve]

If your BAC is above .1 or you are charged with a hooning offence or have hard drugs in your system the police will not only suspend your license on the spot but impound your vehicle.
You will than later receive a summons with a brief of evidence against you to appear in court.
From there you can plead guilty on the day and receive a penalty (backdated from the day) or elect to plead not guilty and a contested hearing will be scheduled.

Okay.....

Do we even know what POS BAC level was and which drug was detected?

 

[Run n Spread]

Okay.....

Do we even know what POS BAC level was and which drug was detected?

Nope. And yet he is charged with this after murder?
Only thing I can think is police are going for a hit and run and establishing tendency evidence.
But they've also said deliberate act. Whole thing is strange as.

 

[Kurve]

Nope. And yet he is charged with this after murder?
Only thing I can think is police are going for a hit and run and establishing tendency evidence.
But they've also said deliberate act. Whole thing is strange as.

I'm not sure he was charged after the murder or whether his summons was pushed through quicker with the hearing to coincide with the other charge.

 

[31550]

What is the law?
I mean it's the road safety act but in terms of application.
If you or I blow 0.12 or test positive for meth than the police will absolutely take your licence possibly impound your vehicle and charge you on summons. They are hardly going to let you drive home.
Under what circumstances do you keep your licence?
Law has been updated in vic

If you are a licensed driver, not a previous offender and nothing else serious is alleged other than being drug or alcohol affected they will typically take your keys, and you can collect them the next day or when you have sobered up. It's up to the court to determine if and for how long your licence will be suspended. They may also move your vehicle to a safe or secure location. They do not have the powers you are suggesting unless they are alleging a more serious crime ( e.g. hooning).

 

[Run n Spread]

If you are a licensed driver, not a previous offender and nothing else serious is alleged other than being drug or alcohol affected they will typically take your keys, and you can collect them the next day or when you have sobered up. It's up to the court to determine if and for how long your licence will be suspended. They may also move your vehicle to a safe or secure location. They do not have the powers you are suggesting unless they are alleging a more serious crime ( e.g. hooning).

Under vic law a bac above .1 gives those same powers

 

[31550]

Under vic law a bac above .1 gives those same powers

They can but it is discretionary, not automatic. They do not always do so in such cases. It is rarely done unless there are more serious allegations as well.

 

[Underarrest_]

Anyway getting sidetracked as to the case these latest charges indicate my own and here original hit and run theory may have merit.
This whole thing makes no sense.
She disappears out of nowhere
Can't be found. Nothing happens.
Out of nowhere a random 22yo who has no connection who has been under surveillance for 2 weeks is charged.
And police and defence are saying nothing. No leaks PR tips or staunch defence statements radio silence all round.

Yes agree on the silence part. I know they can’t give away too much before a trial if/when there is one but normally the public knows some details, at the least how someone has died.

 

[Catch]

When you look at organised vs disorganised offenders, the disorganised are impulsive, with a short emotional fuse. This feels more like an organised offender to me. Planned. Or disorganised and very lucky.

I agree, the police have said this was a deliberate attack on Samantha. I think it was well-organised

 

[Dogs_R_Us]

I agree, the police have said this was a deliberate attack on Samantha. I think it was well-organised

So you think deliberately planned in advance?

 

[Run n Spread]

The Justice system needs to work way faster.
Preferably within weeks of offences occurring.

Yep
This will be 2 years at least. Just like the jetstar pilot he has been on remand 2.5 years and the case was delayed again.
That is ridiculous. Why the hold ups?
In England for example cases and appeals can be done and dusted in a year.

 

[MrsBlueSky]

Yep
This will be 2 years at least. Just like the jetstar pilot he has been on remand 2.5 years and the case was delayed again.
That is ridiculous. Why the hold ups?
In England for example cases and appeals can be done and dusted in a year.

In China everyone's found guilty of murder within a month.
The system in Australia takes much longer because they are full of rapists taking people to court for defamation for calling them a rapist.

 

[Dogs_R_Us]

In China everyone's found guilty of murder within a month.
The system in Australia takes much longer because they are full of rapists taking people to court for defamation for calling them a rapist.

Good heavens.
Yes we should have the Chinese system.

 

[Catch]

So you think deliberately planned in advance?

Yes

 

[Run n Spread]

Good heavens.
Yes we should have the Chinese system.

Not saying that. But they know a thing or 2 about efficiency.
If anything it is unfair on people on remand as they still are essentially innocent under the law of any crime.
And for victims. Justice delayed is justice denied. It's a bit like doctors or think of any industry. It exists in its own impenetrable bubble which can become insulated to the real world. Yes it's bloody important things are done right but the endless paper work and extreme processes can't be in justice interests. Even lawyers have spoken of the need to do away with jargon and streamline things

 

[Underarrest_]

In China everyone's found guilty of murder within a month.
The system in Australia takes much longer because they are full of rapists taking people to court for defamation for calling them a rapist.

Can’t rush these things. They’ve just laid charges for traffic offences last October.

 

[BFew]

Can’t rush these things. They’ve just laid charges for traffic offences last October.

I'm surprised that in Victoria, people even get their Birth Certificates before their 18th birthday, due to an ever growing shortage of pens that they mine for the ink.

 

[Spectrix]

I suspect the likelihood is that the traffic/DUI case was pending, and the courts simply scheduled the two hearings together in the interests of logistics. Transporting a prisoner from Melbourne to Ballarat takes time and resources.

Although, one wonders why they didn't schedule it for Video Link ************************

Although I suppose it's possible that the traffic/DUI case is now related to the SM case because POS was found to have driven his work ute unlicenced to transport the body somewhere.

 

[zedx]

Blood alcohol content limits | Legal Aid WA

www.legalaid.wa.gov.au

'What are the penalties for driving over my BAC limit?​

There are a range of penalties that the court might impose for a drink or drug driving offence. The most common penalty is a fine and disqualification of your licence for a certain period. Your licence might also be cancelled. For some serious drink driving offences you can also go to prison.

If you are charged with an excess 0.08 or DUI (excess 0.15) offence, you will normally be given an immediate licence disqualification notice from the police (often called a roadside disqualification). This lasts for 2 months, and any other disqualification imposed by a court for the offence can take into account how long your licence has already been disqualified under the roadside notice.'

What about the equivalent of drugs in their system?

Absolutely correct in WA. Immediate suspension, 2 months. They lock your car up where the offence occurred, but give you the keys and send you off. You usually receive a letter from court within the next fortnight advising of the charges and court date. May be different in other states.

 

[Spectrix]

I've just been informed from a reliable sauce, that Victoria no longer mines pens for ink. As they recently switched to catching squid off St Kilda pier.

Just how reliable, exactly, is your 'squid' sauce?