This fucking son of the bitch got drunk and cost the life of the taxi driver. He had to commit 4 years and 3 months imprisonment.
搶車撞死人 洋學生囚4年
2010-10-29
求情指死者不應載醉客 官批無悔意
【明報專訊】醉酒澳洲籍大學生登上的士後與司機爭執，當司機站在司機位旁時，他竟開車行駛，未脫安全帶的司機被拖行，最後撞欄而死。該大學生否認誤殺及醉駕等罪，終被陪審團裁定罪成，但他求情時仍指司機要負責任，不應接載醉酒乘客，亦不應將醉酒乘客留在開了引擎的車內。法官狠批被告毫無悔意，判監4年3個月及停牌5年。
「港刑事九成定罪」 父或上訴
被告父親對判決感不滿，冷冷說︰「香港的刑事案，被定罪率達九成之高。」他表示保留上訴權利。
死者黃志明的兄長昨聽審後怒斥判刑太輕，誤殺一罪只判3年不合理（見另稿）。立法會議員兼律師涂謹申(相關)認為，誤殺的元素包含被告人的危險行為，案中被告用車在路上胡亂駕駛，其實可以造成不止一人死亡，是極危險的行為，相比「一對一」的錯手殺人案，被告的行為嚴重得多，判囚3年不能反映嚴重程度。
因醉酒駕車撞死人而被控誤殺，今年亦有案例。去年初，貨車司機羅少權在落馬洲醉駕迎頭撞毁的士，令車上6人喪命，羅承認6項誤殺罪，被本案同一法官韋毅志判監6年。
「不應讓醉客獨留開引擎車內」
本案23歲被告Kelsey Lord Michael Mudd持有美國及澳洲護照，經一晚羈押後昨神色萎靡上庭。大律師楊勁斯（Christopher Young）求情說，被告醉得忘卻一切，不可能認罪，他對事件中有人死亡亦感到憂傷，但今次屬特殊情况，他並非像一般醉駕司機那樣冒險駕車，而且的士司機根本不應讓酩酊大醉的乘客獨自留在開動了引擎的車廂中。
高院法官韋毅志聽罷，狠斥被告毫無悔意：「你將責任推卸他人，指司機、警察及救護員沒有及早拔匙，甚至指車開動是救護員誤踏油門之過，這些說法毫無根據且令人討厭。自責？沒有。遺憾？我想也沒有。即使與你無關，但得悉有人去世而應有的一點悲哀，我也絲毫看不出來。」
官﹕看不出被告有絲毫悲哀
法官又稱，被告雖醉得搖搖欲墜，但他能與司機吵架，司機被拖行時亦大叫得連行經的士司機隔着玻璃也聽見，稍後電視台攝影師來拍攝時，被告更懂得豎起大拇指作反應，難以置信被告醉得不省人事。
去年6月27日凌晨3時半，58歲的士司機黃志明接載被告，兩人不知何故起爭執，黃被迫下車站在司機位與車門之間，稍後的士開動，因黃未解安全帶，只有跟着跑，未幾倒地被拖行至撞上路中央鐵欄，的士繼續行駛碰撞兩的士。當救護員到場檢查時，被告再次驅動的士，逆線上斜數十米至撞上另一輛的士後停下，過程被攝影師拍下。
本港與美國及澳洲均簽署了移交被判刑人士協定，被告或可申不在港服刑，改回美國或澳洲監獄。
【案件編號：HCCC52/10】
Killer student 'lacks remorse'
Colleen Lee
Friday, October 29, 2010
Australian student Kelsey Lord Michael Mudd was sentenced yesterday to four years and three months in jail for causing the death of a taxi driver - with the judge criticizing him for showing no remorse.
A jury convicted Hong Kong-born Mudd, 23, of the manslaughter of Wong Chi-ming, 58, by a five to two majority in the Court of First Instance on Wednesday.
He was also unanimously found guilty of taking a vehicle without authority, dangerous driving and driving over the legal alcohol limit.
Mudd, who holds American, Australian and British citizenship, is a student at California State University.
Justice Alan Wright said the defendant's behavior after the collision showed he was "staggering drunk." His blood alcohol level was more than five times over the limit.
He said the student showed no remorse, regret or sorrow over the incident.
But he took into consideration that Mudd did not intend to drive on the night of the incident and is a young man still pursuing his studies.
In mitigation, Mudd's counsel, Christopher Young, said the defendant was only partly responsible. If Mudd had not been left alone in the taxi, the incident would not have happened, he argued.
"The defendant had no excuse for being drunk. His drunken state must have been evident to the driver, who nevertheless got out of the car," said Young, adding that "the defendant did not recollect what occurred."
He said Mudd did not intend to drive the vehicle when he got into the taxi as a passenger.
Mudd, wearing a black suit, showed little emotion after hearing the sentence.
The court heard that on June 27 last year, Mudd tried to seize control of the taxi from Wong on Connaught Road near City Hall in Central.
Wong tried to get out of the cab to pull Mudd out but was still strapped in by his seat belt. Wong was dragged as his taxi rammed into a metal fence dividing Connaught Road.
The vehicle hit two other taxis before stopping, and Wong was left lying in the road.
While paramedics were attending to him, Mudd suddenly drove off in the wrong direction, missing several oncoming cars before hitting another taxi.
Outside court, the eldest brother of the dead driver slammed the sentence as too light.
"I am furious. How could he be jailed for such a short period for killing my brother?" he said.
"He simply put the blame on my brother. As a taxi driver, he could not have refused to let [Mudd] get in the taxi."
The brother, also a night-shift taxi driver, said there were times when he met drunk passengers who tried to grab his wheel, and it was difficult to deal with such situations.
He said his brother had been a taxi driver for 30 years and is survived by his wife and two children in their late 20s.
Mudd's father, Michael Mudd, said: "I'm very disappointed with the outcome. We think there was enough confusion that night that nobody really knows what happened and that he was not given the benefit of the doubt."
He said he will consider all possible legal options.
Mudd's mother, Tasha White, said her son is sorry. "He's very sad about the taxi driver, what happened to him, but he has no memory of what happened," she said.
Mudd was spending the summer volunteering at a Hong Kong charity.
http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=104369&sid=30094509&con_type=3&d_str=20101029&sear_year=2010
His fucking amazing family said his kid was innocent and even create a website ask for donation.
The rubbish website is http://www.bringkelseyhome.com/ and the trashy facebook group is http://www.facebook.com/group.php?gid=123190435849
You have noticed they never mentioned the details of the case but just repeating their son is innocent. Your son is becoming a killer just because of over-protecting. FUCK OFF!
My son has no memory of these events {Just because he is totally wasted}, he woke up in pain in hospital some hours later, he cannot understand how as a passenger he has done anything wrong and I believe him totally, as does everyone who knows him. In Hong Kong individuals are innocent until proven to have committed the crime; trial by the mass media is abhorrent.
We are convinced that this is a tragic accident and that no crime has been committed.
Let's see the truth from the news report on youtube
English version:
It is so obvious he got wasted and driven the car away in opposite direction. You can't escape from punishment by using "no memory" as an explanation!!
Please join this facebook page and bring Kelsey Mudd to suffer what he did wrong. http://www.facebook.com/pages/Bring-Kelsey-Mudd-JailDrunk-US-student-tries-to-blame-cabbie-for-death/167499066603384
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