YouTube road rage attacker arrested

Totempole said:
R50 will be his admission of guilt fee. Then he'll get to walk. ;)
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Worst that could happen here is charges of assault against the passenger, and given the video (if the person who took it is willing to testify) a conviction is likely.

First or second offender, he would probably walk away with a warning or a suspended sentence. If he is a multiple offender with more than 2 previous convictions, he likely faces about 3-6 months imprisonment - out on parole in 1-2 months.

If the person who took the video refuse to testify, the video will not be used as evidence and they will have to rely on the person who have been assaulted or other witnesses.

However, even if convicted, it is not about a warning, a suspended sentence or a fine, it is that criminal record that will close a lot of doors for that guy, and deservedly so.
 
House said:
....If the person who took the video refuse to testify, the video will not be used as evidence and they will have to rely on the person who have been assaulted or other witnesses.
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I see it going away when the Porsche pair offer R5k to the victim and witness.
 
nightjar said:
I see it going away when the Porsche pair offer R5k to the victim and witness.
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See it going that way as well. But, a prosecutor can refuse to accept any such deals and still continue with prosecution, even if such deal was made and even if a complainant wants to withdraw a complaint. Seeing to it that this incident made such public headlines, the prosecutor is likely to institute prosecution despite any deals - but there will have to be other evidence before this will happen.
 
House said:
See it going that way as well. But, a prosecutor can refuse to accept any such deals and still continue with prosecution, even if such deal was made and even if a complainant wants to withdraw a complaint. Seeing to it that this incident made such public headlines, the prosecutor is likely to institute prosecution despite any deals - but there will have to be other evidence before this will happen.
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Without the victim seeing it through in court there is no case and the witness and video become meaningless.
 
nightjar said:
Without the victim seeing it through in court there is no case and the witness and video become meaningless.
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Nope. There has been many cases prosecuted in South Africa without a victim, especially in instances where the victim is seen as a hostile witness.

In this incident, if the police can persuade the person who took the video to testify, they have a strong case for a successful conviction on assault. But, even without the video, even if the find another witness in another car willing to testify they can proceed with the charges.

Besides, the person with the video said they wanted to remain anonymous, so the video will in any event not be used.

I personally investigated a rape case many years ago. The victim later withdrew the charges. The prosecutor in Johannesburg refused to withdraw the charges and we went to court without the victim testifying. One witness, a doctor and the arresting police officer testified on the incident and presented the evidence. The suspected was convicted and sentenced to 10 years imprisonment.
 
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House said:
Nope. There has been many cases prosecuted in South Africa without a victim, especially in instances where the victim is seen as a hostile witness.

In this incident, if the police can persuade the person who took the video to testify, they have a strong case for a successful conviction on assault. But, even without the video, even if the find another witness in another car willing to testify they can proceed with the charges.

Besides, the person with the video said they wanted to remain anonymous, so the video will in any event not be used.

I personally investigated a rape case many years ago. The victim later withdrew the charges. The prosecutor in Johannesburg refused to withdraw the charges and we went to court without the victim testifying. One witness, a doctor and the arresting police officer testified on the incident and presented the evidence. The suspected was convicted and sentenced to 10 years imprisonment.
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I hope you prove me wrong.
 
With all due respect, was it really necessary to mention the make of cars in this article?
Who actually gives a crap.
Shameless attempt to ride the "douchebag rich guy vs defenseless poor guy" wave.
 
chopsky said:
With all due respect, was it really necessary to mention the make of cars in this article?
Who actually gives a crap.
Shameless attempt to ride the "douchebag rich guy vs defenseless poor guy" wave.
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yes. the incidents could have been described in terms of the left and right car.
 
chopsky said:
With all due respect, was it really necessary to mention the make of cars in this article?
Who actually gives a crap.
Shameless attempt to ride the "douchebag rich guy vs defenseless poor guy" wave.
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Thems the facts. Go convince the Porsche guy to go buy a Polo and drive around aggressive passengers in that...
 
chopsky said:
With all due respect, was it really necessary to mention the make of cars in this article?
Who actually gives a crap.
Shameless attempt to ride the "douchebag rich guy vs defenseless poor guy" wave.
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Ah, thats pretty much what it is... unless poor people own porche and the rich lavish in the VW vivo's right?
 
nightjar said:
I hope you prove me wrong.
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http://mybroadband.co.za/vb/showthread.php/634372-YouTube-road-rage-attacker-to-appear-in-court

He is already appearing in court today. I thought this much. No way a prosecutor will let an incident like this go by without a trial. It will now depend on the witnesses and the evidence that is about to be presented when the trial starts some day.

But, personally, I think this guy is about to plea guilty on assault and malicious damage to property and will walk out with a warning and or a suspended sentence - and a criminal record.
 
House said:
http://mybroadband.co.za/vb/showthread.php/634372-YouTube-road-rage-attacker-to-appear-in-court

He is already appearing in court today. I thought this much. No way a prosecutor will let an incident like this go by without a trial. It will now depend on the witnesses and the evidence that is about to be presented when the trial starts some day.

But, personally, I think this guy is about to plea guilty on assault and malicious damage to property and will walk out with a warning and or a suspended sentence - and a criminal record.
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Does malicious damage to property give you a criminal record?
 
supersunbird said:
According to 702 the driver said he washes his hands of the incident... cant just do that buddy!
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Unfortunately, I do not think the driver can be held responsible for the assault or the kicking (damage) to the vehicle. That being said, they can charge him with reckless & negligent driving if witnesses testifies about the way he drove, but that is not always a guarantee of a successful prosecution. I did not see any mention of the driver being charged at all though for any offence.
 
House said:
Unfortunately, I do not think the driver can be held responsible for the assault or the kicking (damage) to the vehicle. That being said, they can charge him with reckless & negligent driving if witnesses testifies about the way he drove, but that is not always a guarantee of a successful prosecution. I did not see any mention of the driver being charged at all though for any offence.
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You will see I've said the same myself, but to wash yourself of the incident as if not involved at all? Society knows he is partly to blame: could have driven away and left his passenger stranded, taken the passenger directly to the police station, just stayed and not left the scene.
 
supersunbird said:
You will see I've said the same myself, but to wash yourself of the incident as if not involved at all? Society knows he is partly to blame: could have driven away and left his passenger stranded, taken the passenger directly to the police station, just stayed and not left the scene.
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In principal I agree with you. But, if you were in that driver seat and had your best friend or brother next to you and this happened, would you have left your brother or friend and drove off - or rushed them down to the local police station to have them arrested?
 
milomak said:
yes. the incidents could have been described in terms of the left and right car.
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No, the headline could have simply read "YouTube road rage arrest."
The "Porsche" bit simply isn't necessary. It sure as hell wouldn't have read "YouTube VW road rage arrest", if it were the other way around.
 
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