A well-known Western Australian pastoralist has lost his Supreme Court appeal over his jailing over a double fatality on an outback highway.
The WA Supreme Court has dismissed an appeal by Pilbara pastoralist Kimberly De Pledge over the length of his jail sentence
De Pledge was jailed for three years and 10 months over a double fatality caused when his cattle truck struck the back of a caravan in 2017
The collision killed Mark and Lara Dawson, who had been travelling to Broome with their two teenage children
Kimberly ‘Cob’ De Pledge was jailed for almost four years in 2019 after being convicted of two counts of dangerous driving causing the deaths of Mark and Lara Dawson.
The couple, from Tom Price in the Pilbara, had been en route to a family holiday in Broome with their two teenage children, Jack and Larissa, in June 2017, when De Pledge’s loaded cattle truck smashed into the back of their caravan on the Great Northern Highway, south of Hedland.
Court rejects sentence was ‘manifestly excessive’
Lawyers for De Pledge argued in the appeal that the sentence was “manifestly excessive” and that the accident had been caused, in part, by “insufficiently signed roadworks”.
The court heard that the roadworks came after a bend in the road, and the 110kph speed limit had been reduced to 80 and then 60kph by signs that had fallen over and lay face down on the ground.
Two other reduced speed limit signs were standing on the opposite side of the road.
The trial heard De Pledge had been driving trucks for 20 years and had never been involved in an accident prior to the crash.
The court heard he had not seen the reduced speed signs and had been confused when he saw the caravan’s brake light and pulled all the breaks on immediately.
However, the Supreme Court ruled the pastoralist had driven in a dangerous manner because he failed to maintain an adequate distance with the vehicle in front.
“The appellant submits that a ‘reasonable road user in the position of the appellant, unfamiliar with the nature and the severity of the roadworks ahead, could not have predicted or anticipated that the vehicles in front of him were going to slow down, in a reasonably short space, to around half the posted speed limit’,” the judgement said.
“However, there are a variety of reasons why a vehicle travelling along a road may need to slow down beyond the speed limit or stop.
“This may include roadworks, broken-down vehicles, animals crossing the road or obstructions on the road.
“A jury may reasonably take the view that following at a distance which allows a collision to be avoided only if the vehicle ahead never travels substantially below the posted speed limit is dangerous.”
The court ruled De Pledge “ought” to have been able to see the two other signs “readily visible” on the other side of the highway, and was driving a vehicle weighing over 100 tonnes in an area signposted for roadworks.
“The size and weight of the appellant’s cattle truck meant that a collision with another vehicle at any significant speed was highly likely to have catastrophic consequences,” the judgement said.
The court also rejected De Pledge’s appeal against the length of the sentence, saying the maximum penalty for the charge was 10 years and the term of three years and 10 months imposed was “not unreasonable or plainly unjust”.
The jailing of De Pledge in 2019 sent shockwaves through the trucking industry and prompted calls for an urgent overhaul of safety around roadworks on outback roads.
Truck drivers said the highways were littered with disused and seemingly forgotten road signs, and the horrific double fatality had not resulted in any substantive change or improvement to road safety.
Following lobbying, the WA Government last year agreed to an independent review into road signs on regional WA roads.
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The first day of the Republican National Convention revealed how Republicans would approach the US politics tradition during coronavirus.
Though it looked a bit more like the traditional made-for-TV events of old, the convention’s kick-off ditched a few mainstays to better fit the style of the party’s candidate, Donald Trump.
Here are the key takeaways from the first day.
A convention built for an audience of one
Conventions are always designed to present the perfect vision of a candidate and party to the American public.
But even while acknowledging that we’re essentially watching an hours-long infomercial, day one of this Republican convention stood out for focusing conspicuously less on the party, and more on the man who has remade it in his image in the past four years.
All of the speakers were effusive about the President’s ability and character, while some went so far as to address their speeches to Trump himself.
“I am so grateful that we have leaders like President Trump standing up for us who understand the good local businesses do in our neighbourhoods and are not afraid to fight for us every day. Thank you, President Trump. It is so exciting to be a part of this great American comeback story,” coffee shop owner Tanya Weinreis said.
“Trump isn’t afraid to fight for what’s right. He won’t back down. His courage gives great teachers renewed hope,” teacher Rebecca Friedichs said.
As part of the official convention business this year, Republicans ditched a long-standing tradition of voting on a new party platform at the convention.
The road to this specific convention was a rocky one for Republicans, who were still planning for a full, in-person celebration in Florida as late as a month ago — long after Democrats announced their convention would be entirely virtual.
It meant proceedings today were a little bit of a hybrid.
With plenty of Americans watching both conventions while under stay-at-home orders, the convention polling bounces could be the key metric of which party’s performances made the difference where it really matters: selling the message.
A rally speech missing a rally crowd
It’s no secret the Trump campaign thrives on a good rally. At the peak of his 2016 campaign season, Trump held 23 rallies in six days.
And the campaign has found a built-in hype crew in Trump’s family, which broadens his appeal and serves as a proxy at Trump events he can’t attend.
The rallies have been postponed indefinitely thanks to coronavirus, but today, members of the Trump family drew on their rally experiences to gain the stand-out spots of the event.
Kimberly Guilfoyle, the long-time girlfriend of Donald Trump Jr, shouted portions of her heavily populist message.
“The same socialist policies which destroyed places like Cuba and Venezuela must not take root in our cities and our schools.”
Her conclusion contained a minute-long crescendo that felt designed to rise above a thundering crowd rather than echo in a cavernously empty auditorium.
But the approach seemed to work for one thing: making the message go viral.
Cancel culture featured alongside coronavirus
Democrats made Trump’s handling of coronavirus a central thread on every day of their convention.
Republicans didn’t shy away from the pandemic on day one. While points about healthcare and economic policy were scattered throughout, the party devoted a segment of the evening to countering the narrative on Trump’s handling of the pandemic.
Dr G E Ghali, an oral surgeon who survived COVID-19 himself, summed up the mood in saying Trump saved lives.
To date, more than 170,000 Americans have died of coronavirus in the US and there have been more than 5.7 million cases.
And an equal, if not greater, portion of the program centred on “cancel culture” and the idea Democrats were trying to police what Americans were allowed to think.
While he wasn’t the only one to mention it, Donald Trump Jr was the standard-bearer for the argument.
With both coronavirus and cancel culture, the Republicans seemed to be making a bet that Americans would be craving broad reassurances about what side was right or wrong, rather than being told about a specific policy that could be changed.
A 2024 preview — Haley v Trump Jr v Scott
Trump won’t be on the ballot in 2024, regardless of the result of this election.
Former US ambassador Nikki Haley, Donald Trump Jr and South Carolina senator Tim Scott all spoke at length. They gave pitches for how they might lead the Republican party once Trump is gone (while all, of course, enthusiastically endorsing the President in 2020).
Haley gave a speech that spoke to grand American ideals, sounding more like the Republican candidates who battled Trump in the 2016 primary.
Trump Jr mirrored his father in both rhetoric and delivery, at times delivering a dark warning about the future of the US while relishing in the culture battles that have been defining characteristics of the Trump campaign.