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On bail Justin Monfries named as driver in Canberra hospital horror smash

By 4 May 2012 196

The Canberra Times reports that the man being very grudgingly treated at Canberra hospital after yesterday’s fatal collision on Yamba Drive is one Justin Monfries:

The 24-year-old, who has an extensive criminal history, was on bail for assault occasioning actual bodily harm and possessing an offensive weapon, specifically a machete.

He had entered pleas of not guilty to the allegations.

Monfries has been diagnosed with Aspergers syndrome, and at a bail application earlier this year told the court through his lawyer he was terrified of being returned to prison.

On Facebook there is a Justin Monfries revelling in the userid of “evilkid666″.

UPDATE 04/05/12 14:38: Google gives a hefty list of court appearances.

Also the Chief Police Officer has tweeted the charges:

UPDATE 04/05/12 15:12: The police media release is now up:

ACT Policing has charged a 24-year-old Kambah man following a fatal collision yesterday (Thursday, May 3) afternoon.

Around 4.45pm a 38-year-old woman was killed and another suffered serious injuries after being hit by a vehicle while crossing the road outside The Canberra Hospital.

Police will allege the vehicle was stolen when it ran a red light and hit the pedestrians who were crossing the intersection at Bateson Road.

The man was discharged from The Canberra Hospital early this afternoon (Friday, May 4), and transported to the ACT Watch House, where he was charged with manslaughter, culpable driving causing death, culpable driving causing grievous bodily harm and other traffic related offences.

He will face the ACT Magistrates Court this afternoon.

UPDATE 04/05/12 18:53: The ABC has named the victims as the “killed Linda Cox, 38, who worked in the hospital’s cardiology department and seriously injured Ashlee Bumpus, 25″

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196 Responses to On bail Justin Monfries named as driver in Canberra hospital horror smash
#31
Proboscus5:07 pm, 04 May 12

dpm said :

Clever work Justice Richard Refshauge. Hope you’re having a good day. I can think of a few people that aren’t having as nice a day as you right now…

FFS, can. we. please. get. someone. in. charge. that. knows. WTF. they. are. doing!

What does it take??

Remember, this is the same ‘Justice’ that let Amber Westin out recently too.
http://the-riotact.com/justice-refshauge-sets-amber-westin-free/66289
Be careful on the roads, people…. :-(

+1 again

I remember in the ’90′s former Magistrate Somes kept bailing a bloke who kept bashing his wife and kids. The “strict” bail conditions included not to approach within 100m, not to threaten, intimidate, blah, blah, blah.

So the bloke leaves the court and goes back to the house. He then bashes the wife and kids again, throws them in the car, takes them to the Brindys and kills them all – then himself.

Magistrates and Judges have to be held much more accountable than they are now in regards to the Bail Act. They solely have the power to keep our community safe from these pricks!!!

#32
Cheap5:09 pm, 04 May 12

minniemay said :

Ugh, and this is in the comments from the judge R v Monfires (No 3):

I am not going to say this is your last chance, but chances do not come very often. You really have to be sensible about these things and you will not be taken into custody if you do the right thing. There is no reason for you to fear the police if you do the right thing and even if the police overstep the mark for some reason and sometimes they do inadvertently, then you will come back to court and the court will deal with you fairly.

That fairness can mean that you go back to jail in certain circumstances, but as you now know, you have put the community at risk when you commit offences and that means having allegations of committing further offences, getting into cars which are not yours and driving when you should not be driving and so on.

I think you are making some progress. There is a long way to go. If you can work with this agency, Weigelli, then that might give you some possibility of going further, but my patience is not inexhaustible and what Mr Williamson says is right, I have got to protect the community and if you are going to abuse the trust that you have got, then I will have to protect the community and I will do so. At the moment I do not see that the community is at special risk, but that is dependent entirely upon your ability to do the right thing and I hope you can do so.

**

Must be frustrating for the police and DPP.

As far as I’m concerned that judge now has blood on his hands.

#33
figjam5:18 pm, 04 May 12

The reason people like Monfries reoffend is simple. There is no disincentive. He’s been told 100 times that stealing cars is a very naughty thing to do. But every time he gets caught, Legal Aid tells him it’s not his fault, the judge tells him not to do it again, criticizes the police and then lets him go. Why wouldn’t he steal cars? It’s great fun and nothing happens when you get caught. Monfries’ behaviour is completely logical and predictable. It’s the decisions made by our judges that defy belief. They share responsibility for this tragedy.

#34
Squidward5:39 pm, 04 May 12

dpm said :

Clever work Justice Richard Refshauge. Hope you’re having a good day. I can think of a few people that aren’t having as nice a day as you right now…

FFS, can. we. please. get. someone. in. charge. that. knows. WTF. they. are. doing!

What does it take??

Remember, this is the same ‘Justice’ that let Amber Westin out recently too.
http://the-riotact.com/justice-refshauge-sets-amber-westin-free/66289
Be careful on the roads, people…. :-(

As far as I’m concerned there is as much blood on Refshauge’s hands as these scumbags.

+1 to three strikes and your out. Its time to protect the law abiding citizens from these creatures.

#35
sm3086:53 pm, 04 May 12

I was bought up that no excuse is good enough, basically these days – be diagnosed with mental disorder or drug or alcohol problem and your out. Its getting pretty pathetic really….
Special needs means special treatment. I think if youve got enough up top to be a criminal, your good enough to cop it sweet like everyone else. Design special prisions for those who are special needs…solved! He should be locked up like others are. Isnt it if there a concern to the publics saftey, thats why there prisioned…..

#36
I-filed7:04 pm, 04 May 12

Words of praise warranted here for the professionalism of Canberra Hospital staff who had to treat Monfries in hospital overnight while mourning for their colleague he killed.

#37
r17:07 pm, 04 May 12

The Aboriginal excuse shouldn’t be too far away now

#38
Brianna7:10 pm, 04 May 12

cooko said :

Do we really need to have a link to his facebook page?

Lets at least leave his family and friends out of it despite the number of familiar friends he has.

Agreed. His family shouldn’t be punished for the actions he chose.

#39
HenryBG7:21 pm, 04 May 12

Squidward said :

As far as I’m concerned there is as much blood on Refshauge’s hands as these scumbags.

+1 to three strikes and your out. Its time to protect the law abiding citizens from these creatures.

If I’m an engineer, and my job is to design a bridge, and somebody says, “I want the new bridge to support 10-ton trucks”, and I go ahead and design a bridge, it gets built and the first 10-ton truck to drive over it causes it to collapse, I get sued and never get a job designing bridges again.

So, when Mully fronts up in court for his 12th episode of stealing a car, gives his usual sob-story, and the judge lets him out, resulting in the deaths of 4 people, why are those judges still in business?

If you make a professional decision to accept some scumbag’s sob-story and set him loose on the community, then you should be professionally responsible if that scumbag victimises anybody as a result of your decision.

If there were any professional consequence for poor decisions in the court room (not to mention lawyers lying in court – nobody seems to bat an eyelid at that, which is bizarre), then judges would make far better decisions.

One thing the US has going for it is democratically elected law enforcement officials. Instead of letting crims loose because Jon Stanhopeless has rung the judge up top tell him the gaol is full and it will look bad for it to become overcrowded, the judge will think of the next election and what the law-abiding, voting public will make of crims being continually let loose on them.

*** Needless to say, people with tattoos should be excluded from such elections due to the obvious conflict of interest.

#40
matt312217:27 pm, 04 May 12

Slice said :

Poor victims……….killed by an assburger.

You are an idiot bigot.

On Anzac day I was MB riding down that road and there was a chick lying on the road wailing her head off in pain. There was a crowd of people standing around her on mobile phones and to me it appeared that she had been struck by a car whilst walking across. They need to do something about that intersection.

Also I really wonder if the lawyers get a bogus diagnosis of Aspergers on these convicted criminals to get them leniency. See this blokes photo up the top – he is looking into the camera. A lot of people with Aspergers do not give direct eye contact when speaking or look into cameras (this is not always the case though). All the Aspergers people I have met have been lovely caring people, I was diagnosed as having it but it was recently admitted to me that the psych dxed me with it as a child to get me some help due to my ADD style behavioral problems back then. I have been to an Aspergers support group before and everyone was lovely. The only possible criminal trait I could see was one of the guys talks *just* like Hannibal Lector! But otherwise he is a top bloke from what I could tell! Aspergers and criminality are not linked at all.

#41
minniemay7:36 pm, 04 May 12

HenryBG said :

If there were any professional consequence for poor decisions in the court room (not to mention lawyers lying in court – nobody seems to bat an eyelid at that, which is bizarre), then judges would make far better decisions.

One thing the US has going for it is democratically elected law enforcement officials. Instead of letting crims loose because Jon Stanhopeless has rung the judge up top tell him the gaol is full and it will look bad for it to become overcrowded, the judge will think of the next election and what the law-abiding, voting public will make of crims being continually let loose on them.

As much as I understand the frustration, there are a couple of issues here.

First, in terms of barrister’s immunity – it’s a controversial point, but there are some merits behind it. Of course, barrsiters immunity is from suit from clients – it does not protect against contempt of court. If a lawyer actually does lie to the court (and note here this is *not* the same as entering a plea of not guilty to test the prosecution’s case) then they can certainly be found in contempt.

Secondly, I think electing judges is a Very Bad Idea. More than that though, your argument doesn’t stand up – Stanhope was elected (and re-elected). If, as you say, he was the one directing the sentences, it seems the public didn’t mind – at least enough to vote him out. Judges are bound by the sentencing guidelines in the various criminal codes/acts – again, set by the people who *are* elected.

(There’s also the whole issue of bridges not having independent will which makes the analogy problematic.)

I think it’s a fairly safe bet the Judge in this case is feeling pretty dreadful right now. In retrospect, was this guy a threat to society? Of course. But hindsight is 20/20 and all that. To suggest a judge is culpable is fairly ridiculous though.

#42
Tetranitrate7:36 pm, 04 May 12

Not to make light of the situation, but it seems oddly appropriate:
http://youtu.be/QAs6s80RyeY?t=2m15s

Yet another needless death caused by a serial offender who should have been institutionalized long ago.
When oh when will the ACT judiciary start protecting the community? at some point these people need to be removed from society simply to protect the rest of society from them.

#43
Tool7:41 pm, 04 May 12

Don’t blame the good Justice Refshaugee, this incident is a result of all the bleeding heart socialists in the ACT who supported all the crazy decisions of labor over the past decade. A spineless Stanhope Government and an agenda driven Chief Justice who thinks he is leaving a legacy can be thanked for this. As I said earlier enough is enough how many people have to die or be injured before the majority are looked after? The AFP and the Canberra media need to rally and let people power speak. This will not happen though as we also have a man at the Canberra Times who uses his influence only to serve his own agendas not those important to Canberrans .

#44
IrishPete8:02 pm, 04 May 12

TheObserver said :

Might be worth pointing out that the ABC666 coverage of this in the morning was crap-your-pants tabloid ugly, IMHO – and the way that the interviewer on the B’fast show was seemingly pretty desperate to get the police to fess that it was a police pursuit was low budget. No other description for it. Next thing there will be the usual suspects blaming the coppers. Then this oxygen thief will get a good slapping with a limp celery stick until he says “Uncle”.

Yep – must suck being a copper or prosecutor in this town.

There must be two 666 radio stations, cos the one I was listening to this morning didn’t sound anything like your description. Given the history of deaths during police pursuits (such as Mully), and the early admission that police had spotted the car, it was a reasonable question. It was answered quickly and honestly (I presume), and we can move on.

IP

#45
Elizabethany8:15 pm, 04 May 12

It is the comments in this thread which highlight why we should not have elected judges. Mobs tend to get bloodthirsty and don’t pay attention to facts that don’t agree with their preconcieved mindset. Do judges always get it right? No, of course not. But it works much better than mob justice.

#46
ScienceRules8:24 pm, 04 May 12

It’s interesting how the supposedly leftist Canberra denizens are so quick to resort to bloodlust and the “justice” of the mob as shown in many of the comments here.

This is the reason we don’t make laws and rules in the heat of the moment. The calls for a “US-style” justice system are appalling and reflect a general ignorance of the horrors of our once admirable ally. America currently imprisons more of its population than any other country in the world. This is definately not a good thing. The system is biased, bigoted and corrupt and to even consider any of it worthwhile transplanting downunder shows a general ignorance of their problems. For a primer on these issues I recommend either Ed Brayton’s “Dispatches from the Culture Wars” blog or “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” by Michelle Alexander.

We need to be protected from creatures like Monfries but the solution to the problem of his ilk won’t be found in the completely natural but incoherant, illogical and emotional responses seen in this thread.

I’m so sad for the family, friends and co workers of the victims, not to mention the ladies themselves but I won’t abuse their memory by frothing and waving a pitchfork.

#47
Darkfalz8:28 pm, 04 May 12

Chalk another death up to the revolving door legal system.

#48
How_Canberran8:28 pm, 04 May 12

What ever happened to the good ol’ ‘society is to blame’ card being played?

#49
HenryBG9:03 pm, 04 May 12

ScienceRules said :

America currently imprisons more of its population than any other country in the world.

Sounds good to me.

Criminals belong in gaol, not out on the streets killing us.

#50
HenryBG9:10 pm, 04 May 12

minniemay said :

But hindsight is 20/20 and all that.

You do not need hindsight to know that a scumbag making his 11th appearance before the courts will, if set free, carry out whatever actions are required to guarantee himself his 12th appearance.

minniemay said :

To suggest a judge is culpable is fairly ridiculous though.

A decision that results in a predictable result to the detriment of the law-abiding community is pure incompetence, if not downright negligence. It’s time judges were made to answer for the results of those bad decisions.

minniemay said :

If a lawyer actually does lie to the court (and note here this is *not* the same as entering a plea of not guilty to test the prosecution’s case)

If he *is* guilty, and the lawyer proceeds with a “not guilty”, then the lawyer is clearly lying. Rationalise it all you like, but don’t bother pretending to be surprised that the general public holds real estate agents and used car salesmen in higher esteem than they do lawyers, who base their entire profession around deception and overcharging.

#51
pandaman9:27 pm, 04 May 12

ScienceRules said :

It’s interesting how the supposedly leftist Canberra denizens are so quick to resort to bloodlust and the “justice” of the mob as shown in many of the comments here.

This is the reason we don’t make laws and rules in the heat of the moment. The calls for a “US-style” justice system are appalling and reflect a general ignorance of the horrors of our once admirable ally. America currently imprisons more of its population than any other country in the world. This is definately not a good thing. The system is biased, bigoted and corrupt and to even consider any of it worthwhile transplanting downunder shows a general ignorance of their problems. For a primer on these issues I recommend either Ed Brayton’s “Dispatches from the Culture Wars” blog or “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” by Michelle Alexander.

We need to be protected from creatures like Monfries but the solution to the problem of his ilk won’t be found in the completely natural but incoherant, illogical and emotional responses seen in this thread.

I’m so sad for the family, friends and co workers of the victims, not to mention the ladies themselves but I won’t abuse their memory by frothing and waving a pitchfork.

Yes, admittedly there is a bit of frothing going on, but is it a bad thing? A person is dead, apparently due entirely to the reprehensible actions of one moronic reprobate. A member of the judiciary had a chance to remove this numbnuts from society at large, but chose not to, on the grounds that he believed that said numbnuts was “making some progress” in dealing with his compulsion to get into other peoples cars and drive them when he shouldn’t be driving. (and isn’t that just a fantastically genteel way of describing car theft while high on drugs? Wow!) Justice Refshauge was clearly mistaken in this belief. An innocent person has died, it could have been prevented had the scumbag been incarcerated and\or if a serious effort had been made towards his rehabilitation and now the public are angry at both the offender and the justice system which has failed to deal with him effectively in numerous past interactions. What’s so iIlogical about that? Refshauge appears to have stuffed up, now he’s getting feedback. Hopefully he finds it helpful.

#52
ScienceRules9:29 pm, 04 May 12

HenryBG said :

ScienceRules said :

America currently imprisons more of its population than any other country in the world.

Sounds good to me.

Criminals belong in gaol, not out on the streets killing us.

How wonderfully thoughtful of you. I said “citizens” not “criminals”. Most of these prisoners are non-violent drug users, not people whose hobby it is killing the rest of us. Would it be too much to expect you to analyse your position and provide a reasoned response, or are you satisfied with the ole knee-jerk?

#53
LSWCHP9:32 pm, 04 May 12

I don’t believe there’s any doubt about what happened here. A good person will be going into the ground in a few days time, with the lives of her family smashed. My mum used to work at TCH, and that could’ve been her.

This bloke has been, and remains as, a threat to all of Canberra’s citizens.

He should be incarcerated permanently or shot.

#54
zig9:34 pm, 04 May 12

Justin Monfries….waste of oxygen that is truely deserving of death by breaking wheel.

#55
Captain RAAF9:45 pm, 04 May 12

I am prepared to waive my usual fee and put a 240 grain high speed piece of copper/lead into this douche bags brain box for free!

#56
gooterz10:13 pm, 04 May 12

Its sad that the modernday courtroom is more a lawyers playground than something that deals in the truth and ‘justice’.

Why do we lock crims up? that means we have to pay for them, when its they whom should be repaying us!.

The problem with most crims is that they’ve always been crims they dont know how to actually put in a days work. If you never have to work to support yourself in society then how are you going to respect the people that do.

The british had an excelent idea. Make use of all the crims and put them to work. 10 Years hard labour would likely cause more infulence than 10 years of tv/ gym / whatever it is that those wankers do all day.

Put them out in the middle of nowhere get them working and dont spare the whip!

#57
Reprobate10:28 pm, 04 May 12

TheObserver said :

Yep – must suck being a copper or prosecutor in this town.

Also sucks to be an everyday citizen going home at the end of a day of helping others.

My sincerest condolences to the families and friends of the victims.

#58
Fruit12:13 am, 05 May 12

All I can say is that when this guy was diagnosed with having Antisocial Personality Disorder, more people should be worried and done something:

Antisocial personality disorder definition:

A) There is a pervasive pattern of disregard for and violation of the rights of others occurring since age 15 years, as indicated by three or more of the following:

failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest;
deception, as indicated by repeatedly lying, use of aliases, or conning others for personal profit or pleasure;
impulsiveness or failure to plan ahead;
irritability and aggressiveness, as indicated by repeated physical fights or assaults;
reckless disregard for safety of self or others;
consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior or honor financial obligations;
lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another;

B) The individual is at least age 18 years.
C) There is evidence of conduct disorder with onset before age 15 years.
D) The occurrence of antisocial behavior is not exclusively during the course of schizophrenia or a manic episode.

#59
GardeningGirl12:59 am, 05 May 12

pandaman said :

ScienceRules said :

It’s interesting how the supposedly leftist Canberra denizens are so quick to resort to bloodlust and the “justice” of the mob as shown in many of the comments here.

This is the reason we don’t make laws and rules in the heat of the moment. The calls for a “US-style” justice system are appalling and reflect a general ignorance of the horrors of our once admirable ally. America currently imprisons more of its population than any other country in the world. This is definately not a good thing. The system is biased, bigoted and corrupt and to even consider any of it worthwhile transplanting downunder shows a general ignorance of their problems. For a primer on these issues I recommend either Ed Brayton’s “Dispatches from the Culture Wars” blog or “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” by Michelle Alexander.

We need to be protected from creatures like Monfries but the solution to the problem of his ilk won’t be found in the completely natural but incoherant, illogical and emotional responses seen in this thread.

I’m so sad for the family, friends and co workers of the victims, not to mention the ladies themselves but I won’t abuse their memory by frothing and waving a pitchfork.

Yes, admittedly there is a bit of frothing going on, but is it a bad thing? A person is dead, apparently due entirely to the reprehensible actions of one moronic reprobate. A member of the judiciary had a chance to remove this numbnuts from society at large, but chose not to, on the grounds that he believed that said numbnuts was “making some progress” in dealing with his compulsion to get into other peoples cars and drive them when he shouldn’t be driving. (and isn’t that just a fantastically genteel way of describing car theft while high on drugs? Wow!) Justice Refshauge was clearly mistaken in this belief. An innocent person has died, it could have been prevented had the scumbag been incarcerated and\or if a serious effort had been made towards his rehabilitation and now the public are angry at both the offender and the justice system which has failed to deal with him effectively in numerous past interactions. What’s so iIlogical about that? Refshauge appears to have stuffed up, now he’s getting feedback. Hopefully he finds it helpful.

+1 I was trying to find the words to respond and this sums it up well.

I can’t bring myself to support the idea of the three strikes rule. I wouldn’t want there to be situations where someone made a couple of mistakes in their youth and sorts out their life and years later ends up in jail for something really minor and the system allows no flexibility. But the system needs something to stop these cycles of token “efforts” at rehabilitation and second chances. I think there also needs to be earlier intervention with some people. As someone said earlier, Aspergers and criminality are not linked. (I have to admit I wondered if it’s doctor-diagnosed Aspergers or lawyer-diagnosed Aspergers). People with Aspergers or other conditions should be able to grow up to have happy and worthwhile lives, if there are factors hindering that (did I see drug use mentioned?) they should be identified and dealt with sooner.

#60
Walker4:38 am, 05 May 12

This is an immensely tragic and sad thing, and a system let down in several ways. But can we not talk about Asbergers syndrome like it were a form of evil zombie rabies. That’s not right,there’s lots and lots of good people with that condition.

Also, social workers do lots of good things, not just get people off the hook, that’s not a proper and whole view at all. Maybe we don’t hear as much about the success stories.

I can’t judge Justin Monfries. (Apparently, nor can an actual judge, go figure….). Too sad to even try right now even if I had the means. But what I do know, and agree with most, is that Canberra’s had enough of this crap. That much is for sure.

Let’s support the hospital at this time.

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