Tollway Crash Teenager Gets Two-Year Suspended Sentence

transam · August 31, 2012

I wonder why the hi-so people act as if they can get away with anything. Because they can?

A suspended sentence. Forty eight hours of community service. Outrageous and disgusting, even for Thailand's judicial system! Jail time and many millions of baht in compensation was a realististic sentence.

Yes, because they can . . . as has been shown over and over again. "Hi-so" Thai's, those that are better off, politicians, government officials, police etc etc . . . all can do whatever they want to do. That's what "privelege" has been and still is all about it here in the LoS.

Until such time as the rest of the population in Thailand get off their arse's and choose to do something about it, people will continue to get walked over, get taken advantage of, screwed left, right and centre, and nothing will change.

dam_n, I'm getting cynical in my old age! lol

ํYou are right, BUT, the low-so's will want payment for doing something. Never change chum.

laislica · August 31, 2012

Would the parents be charged? The answer is no. Should they be charged, if so with what? There is currently no legislation that would allow a parent to be charged unless the vehicle was a company registered vehicle and a parent was a registered director of the company then they may be charged with allowing an unregistered person to drive that vehicle. You would still need admissions from the parent saying that they permitted the child to drive if the child was not driving in the course of employment. Should there be a law that holds parents responsible? That is a hard question because proving they gave permission would be difficult without admissions and I doubt they would admit.

How about a law where the only proof is the age?

If under age, then the parents are responsible - end of and the law deals directly with the parents.

Penalties should be at the adult level for the parents and child level for the child.

OzMick · August 31, 2012

And I repeat my question. In Australia if parents bought a 16yo a car and consented to her driving it on public roads;a car which then caused an accident killing 9 people, do you think that they would/should not be charged?

Would the parents be charged? The answer is no. Should they be charged, if so with what? There is currently no legislation that would allow a parent to be charged unless the vehicle was a company registered vehicle and a parent was a registered director of the company then they may be charged with allowing an unregistered person to drive that vehicle. You would still need admissions from the parent saying that they permitted the child to drive if the child was not driving in the course of employment. Should there be a law that holds parents responsible? That is a hard question because proving they gave permission would be difficult without admissions and I doubt they would admit.

Company car? If an unlicensed/under-age driver is driving my car then I am personally responsible unless I claim they were using the vehicle without my permission i.e. stolen. The car was a 16th birthday gift, and her mother stated that the girl likes to drive fast.

BTW I am similarly responsible if my vehicle gets pinged by a speed camera.

noitom · August 31, 2012

Preposterous!

lemonade2010 · August 31, 2012

It is good to see that Thailand protects children and adhere's to the treaty on the rights of the child. Especially regarding youngsters the aim of the law is not to punish, but to correct wrong behaviour.

Let's not forget this isn't murder, as some seem to want to make out of it. It was a very, very tragic accident. And don't forget that driving by minors is not exactly rare in Thailand and it are often the adults who fail to act against it.

Finally a poster that talks like a mature adult. The nasty vendictive, negative posters that want blood and executions should just disappear. It is amazing they have something negative and angry to say about almost every single news article posted on TV. If you want to know whats happening in the world between countires, just listen to the people talk.

Agreed. This isn't an outrageous outcome for a minor, and the guilty verdict should give ammunition to the ongoing civil case.

LotusBoy · August 31, 2012

Money talks and shit walks.......

Shocking!!

Beetlejuice · August 31, 2012

What punishment would be fair for a young girl of her age? Should she be put in prison for the rest of her life as an example for the other underage drivers around or should the one that gave the keys to that Civic go to jail?

Sorry to say that this sentence doesn't come as a surprise, just a confirmation.

The parents should be imposed to pay compensation to the victims, leaving them bankrupt if necessary and jailed for a term of at least 5 years, plus the 16-year-old girl given a lifetime driving ban.

Although the victims can never be really compensated for their pain and suffering, at least that would be real justice seen to be done in this case.

The outcome today is an insult to the memories of those who died and of others that has been affected and possibly lives ruined by this event.

I believed the UK was bad enough at being renowned for dishing out soft justice, but this really beats all. A total sham and injustice. If the situation weren’t so tragic, it would almost be laughable.

ttelise · August 31, 2012

And I repeat my question. In Australia if parents bought a 16yo a car and consented to her driving it on public roads;a car which then caused an accident killing 9 people, do you think that they would/should not be charged?

Would the parents be charged? The answer is no. Should they be charged, if so with what? There is currently no legislation that would allow a parent to be charged unless the vehicle was a company registered vehicle and a parent was a registered director of the company then they may be charged with allowing an unregistered person to drive that vehicle. You would still need admissions from the parent saying that they permitted the child to drive if the child was not driving in the course of employment. Should there be a law that holds parents responsible? That is a hard question because proving they gave permission would be difficult without admissions and I doubt they would admit.

Company car? If an unlicensed/under-age driver is driving my car then I am personally responsible unless I claim they were using the vehicle without my permission i.e. stolen. The car was a 16th birthday gift, and her mother stated that the girl likes to drive fast.

BTW I am similarly responsible if my vehicle gets pinged by a speed camera.

Negligent supervision is theory in US. Focus is on whether parents knew or should have known and either condoned or failed to take any preventative action.

ttelise · August 31, 2012

And I repeat my question. In Australia if parents bought a 16yo a car and consented to her driving it on public roads;a car which then caused an accident killing 9 people, do you think that they would/should not be charged?

Would the parents be charged? The answer is no. Should they be charged, if so with what? There is currently no legislation that would allow a parent to be charged unless the vehicle was a company registered vehicle and a parent was a registered director of the company then they may be charged with allowing an unregistered person to drive that vehicle. You would still need admissions from the parent saying that they permitted the child to drive if the child was not driving in the course of employment. Should there be a law that holds parents responsible? That is a hard question because proving they gave permission would be difficult without admissions and I doubt they would admit.

Company car? If an unlicensed/under-age driver is driving my car then I am personally responsible unless I claim they were using the vehicle without my permission i.e. stolen. The car was a 16th birthday gift, and her mother stated that the girl likes to drive fast.

BTW I am similarly responsible if my vehicle gets pinged by a speed camera.

Negligent supervision is theory in US. Focus is on whether parents knew or should have known and either condoned or failed to take any preventative action.

rbrooks · August 31, 2012

Welcome to Amazing Thailand. Now good luck driving on the road!

Bluespunk · August 31, 2012

9 lives have already been lost and their families have no doubt been devastated by the loss. To gaol this child will serve no good but she should be dusk to Dawn curfewed for next 5-10 years and made to carry out some form of community service every weekend for same period. I don't know if they have those tracking ankle bracelets they use on parolees in west but should be also tagged with one of those to ensure compliance. Compensation has been paid I guess and I know that is never enough but short of ruining another life forever what else can be done? Gaoling this child would be revenge, 10 years community service might make her see the world in a different light. Won't happen I know but you can't go round gaoling children, it changes nothing and helps no one.

Edited August 31, 2012 by Bluespunk

jackr · August 31, 2012

It is good to see that Thailand protects children and adhere's to the treaty on the rights of the child. Especially regarding youngsters the aim of the law is not to punish, but to correct wrong behaviour.

I don't think it's got anything to do with protecting the rights of the nipper. Would it have panned out like this if the kid were of a poorer, nobody family?

As an aside, one would get more fiddling an ATM... disproportionately more, in fact; like 20 years!!!

jackr · August 31, 2012

Compensation has been paid I guess and I know that is never enough but short of ruining another life forever what else can be done?

At the very least, getting her in some type of borstal facility for a couple of years [do they have it here?]

The current outcome presents absolutely zero deterrent.

jimbeam1 · August 31, 2012

It is good to see that Thailand protects children and adhere's to the treaty on the rights of the child. Especially regarding youngsters the aim of the law is not to punish, but to correct wrong behaviour.

Let's not forget this isn't murder, as some seem to want to make out of it. It was a very, very tragic accident. And don't forget that driving by minors is not exactly rare in Thailand and it are often the adults who fail to act against it.

Finally a poster that talks like a mature adult. The nasty vendictive, negative posters that want blood and executions should just disappear. It is amazing they have something negative and angry to say about almost every single news article posted on TV. If you want to know whats happening in the world between countires, just listen to the people talk.

Nobody is calling for blood, just justice!! She is 16, she knows the consequences of her actions. When somebody drives a car drunk they dont go out with the intention to kill someone but they understand the risks involved.

Its not murder but it is manslaughter. The sentence is a disgrace and anyone who disagree's needs to seriously question their own mindset! How would you react if the victims were in your family??

Spot on. I couldn't agree more.

jb1

richard_smith237 · August 31, 2012

9 lives have already been lost and their families have no doubt been devastated by the loss. To gaol this child will serve no good but she should be dusk to Dawn curfewed for next 5-10 years and made to carry out some form of community service every weekend for same period. I don't know if they have those tracking ankle bracelets they use on parolees in west but should be also tagged with one of those to ensure compliance. Compensation has been paid I guess and I know that is never enough but short of ruining another life forever what else can be done? Gaoling this child would be revenge, 10 years community service might make her see the world in a different light. Won't happen I know but you can't go round gaoling children, it changes nothing and helps no one.

I agree - Jailing a child serves no benefit to anyone and would simply be revenge. However, this is a singular view point, there also needs to be some form of learning and incentive to society to prevent reoccurrence. Any punishment must also act as a preventative measure.

The existing punishment will not / may not encourage some families not to let their child (any underage driver) drive a car.

The judgement and sentencing passed down in this case re-affirms that parents do not need to be accountable for their children. Many believe this is wrong and Parents are accountable and should be held responsible.

I don't believe in punishing a child beyond the measures already taken. However, I do believe more can be done to send the message to society that its not acceptable for parents to openly permit such irresponsible actions.

Edited August 31, 2012 by richard_smith237

OzMick · August 31, 2012

And I repeat my question. In Australia if parents bought a 16yo a car and consented to her driving it on public roads;a car which then caused an accident killing 9 people, do you think that they would/should not be charged?

Would the parents be charged? The answer is no. Should they be charged, if so with what? There is currently no legislation that would allow a parent to be charged unless the vehicle was a company registered vehicle and a parent was a registered director of the company then they may be charged with allowing an unregistered person to drive that vehicle. You would still need admissions from the parent saying that they permitted the child to drive if the child was not driving in the course of employment. Should there be a law that holds parents responsible? That is a hard question because proving they gave permission would be difficult without admissions and I doubt they would admit.

Company car? If an unlicensed/under-age driver is driving my car then I am personally responsible unless I claim they were using the vehicle without my permission i.e. stolen. The car was a 16th birthday gift, and her mother stated that the girl likes to drive fast.

BTW I am similarly responsible if my vehicle gets pinged by a speed camera.

Negligent supervision is theory in US. Focus is on whether parents knew or should have known and either condoned or failed to take any preventative action.

I would go as far as reckless indifference. In Australia it is a crime to let an unlicenced driver use your vehicle, and I see no reason why you wouldn't face further charges when death is caused as a result of a criminal act.

jackspratt · August 31, 2012

It is good to see that Thailand protects children and adhere's to the treaty on the rights of the child. Especially regarding youngsters the aim of the law is not to punish, but to correct wrong behaviour.

Let's not forget this isn't murder, as some seem to want to make out of it. It was a very, very tragic accident. And don't forget that driving by minors is not exactly rare in Thailand and it are often the adults who fail to act against it.

Wow - someone with a brain posted on TV. Thanks Mario wise words and cooler heads prefail.

Hardly.

Recently a 16 year old family member was sentenced to 4 years for stealing (as part of a gang) 6 bags of rice.

The tragedy of this accident seemed to be very far from her mind when she was pictured lounging against the freeway wall, casually texting whomever.

But, no surprise. Even if she was 18+, one can imagine the sentence would have been very similar - given her (via her parents) position in society.

sushi5734 · August 31, 2012

The lives of the people in the minibus don't count for much in this country, except a finacial payoff what price would you put on you're own son/daughters life? Seriously ask yourself the question.....how much?

Shouldn't life shoud carry some sanctity, that transcends money and other materialistic desires? isn't that one of the central tenants of Buddhism?

If anyone is naive enough to believe that this is some kind of measured justice, rather than a blatant payoff / blood money then you obviously don't deal with hi so's very often, I do and they are some the most selfish, self centred, greedy, vulgar, repugnant people I've ever met and they will manipulate the system in ANY way they can to get whatever they want.

There are many things I love about Thailand dirty, filthy, greed is not one of them

kriswillems · August 31, 2012

Well, in most western-european countries (France, Belgium. Netherlands, Germany,...) the case would end in more or less the same way and almost no money would be paid to the victims. Europe and American might be different in this aspect.

If it's true that 120 million was paid to the families of the death they are better of in Thailand than they would be in Europe.

I know there's a lot of corruption and the wealthy use this, which is terrible. But in the end, in this particular case, the families and the victims are better of with a wealthy driver than with a poor driver.

The 16 year old driver made a terrible mistake. Still, I think there's a very big difference between killing somebody by intention and making a enormously stupid mistake. Punishing the driver by putting her 20 years in jail doesn't help anyone, because as far as I know she didn't have a history of accidents. So, it wouldn't even be useful for preventing new accidents. The parents are equally responsible, but in the punishing them in an extreme way is also not going to help anyone.

When I was a child, I was ever the victim of a hit-and-run accident, and my left l egg is not very strong because of it. They never found the driver that did it. But to be honest, I think it's pretty useless to seriously punish him. It wouldn't help me and it wouldn't improve him or her. Sometimes terrible things happen because of human stupidity. It's all unfair that we have to suffer because of the stupidity of others, but it's part of life. Also, whatever the amount of the financial compensation was, it will not chance anything for the victims and/or his family, their feeling would still be the same.

Edited August 31, 2012 by kriswillems

scorecard · August 31, 2012

A complex scenario with no easy answer, but I wonder how a 16 year old girl is out relatively late at night driving a borrowed car.

Somewhere in that scenario is the parental responsibility of knowing where the child is and knowing (being involved in developing) what transport plans are in place etc., to get home, and a parental responsibility to teach her that you don't borrow other peoples vehicles and drive them without a license.

Surely also the parents should have concerns about the safety and security of a 16 year old girl driving alone late at night. If the vehicle she was driving broke down in an isolated area she would quite possibly be a target for rape or molestation, or similar.

The poor often have little choices in life and often take risks to survive. Not nice, not fair, but reality.

This is a rich family, they have resources to easily take care of these things.

If she refused to obey daddy and mummy's directives and controls, then she needs to accept the consequences of her actions.

Edited August 31, 2012 by scorecard

Rancid · August 31, 2012

It is good to see that Thailand protects children and adhere's to the treaty on the rights of the child. Especially regarding youngsters the aim of the law is not to punish, but to correct wrong behaviour.

Let's not forget this isn't murder, as some seem to want to make out of it. It was a very, very tragic accident. And don't forget that driving by minors is not exactly rare in Thailand and it are often the adults who fail to act against it.

Mario you wouldn't be from the EU would you? Agree about correction vs punishment where feasable but there is also the need for society to take a stand that certain behaviour will not be tolerated. Right now there are no doubt countless other Hi-so kids out there doing the same thing. If they ask each other what happens if you kill some people? then the reply is a hearty laugh about 48 hours community service.

If the offender had been a poor underage Issan kid and the victims a busload of public servants etc what would the verdict have been? You imagine anyone here could care less about the riduculous UN and their Nanny State regulations? This was about power and influence, purely.

planemad · August 31, 2012

As I recall, there was some doubt as to the girls actual age, 16 or 17, a point which seems to have been overlooked. The point being that it was reported that she had recently returned from America (the length of stay was never mentioned as I remember) where it is POSSIBLE that she gained a legal U.S. drivers licence. I have no wish to try to make her actions more acceptable, but just possible that she was not driving illegally. Also, does anyone actually know who she was texting? Requesting advice maybe? How would you deal with the situation if it was YOUR daughter?......please be honest!

sushi5734 · August 31, 2012

Well, in most western-european countries (France, Belgium. Netherlands, Germany,...) the case would end in more or less the same way and almost no money would be paid to the victims. Europe and American might be different in this aspect.
If it's true that 120 million was paid to the families of the death they are better of in Thailand than they would be in Europe.

I know there's a lot of corruption and the wealthy use this, which is terrible. But in the end, in this particular case, the families and the victims are better of with a wealthy driver than with a poor driver.

The 16 year old driver made a terrible mistake. Still, I think there's a very big difference between killing somebody by intention and making a enormously stupid mistake. Punishing the driver by putting her 20 years in jail doesn't help anyone, because as far as I know she didn't have a history of accidents. So, it wouldn't even be useful for preventing new accidents. The parents are equally responsible, but in the punishing them in an extreme way is also not going to help anyone.

When I was a child, I was ever the victim of a hit-and-run accident, and my left l egg is not very strong because of it. They never found the driver that did it. But to be honest, I think it's pretty useless to seriously punish him. It wouldn't help me and it wouldn't improve him or her. Sometimes terrible things happen because of human stupidity. It's all unfair that we have to suffer because of the stupidity of others, but it's part of life. Also, whatever the amount of the financial compensation was, it will not chance anything for the victims and/or his family, their feeling would still be the same.

Obviously a custodial sentence can't change whats already happened but crucially it can change the future by acting as a deterrence. There is no absolutely no deterrence for the wealthy in this country, however there seem to be plenty of rice farmers truck drivers etc. getting their pockets emptied by the bib every time I pass a road check!

McMagus · August 31, 2012

I hate to say it but, if you are so terribly offended, stop prostituting your morals and go back to where you came from, where there is a justice system you understand.

I hate to say it, but, if you don't like what you read don't read the forum.... See my point ? The 'If you don't like it go home' argument is so fundamentally flawed yet overused it only presents its users lack of brain function.

What a dopey cop out answer. I have never once whinged about Tv...only some dopey comments. You are trying to impose your values into a completely foreign culture. I have followed Tv for years but never bothered to post because of the habitual Thai bashing. Yep the go home attitude comes up all the time. I wonder why? Because so many of you (from reading posts) can say nothing positive about Thailand that the only intelligent response is ... 'Take your hand off the hotplate if it is getting burnt'. Do I like everything here? Hell no, there is so much dopey stuff going on but.. I choose to stay here and I will go back to where I came from when I decide. Maybe these whingers should go and live in China or Afghanistan... but they don't because (and here is the point) life is too good for them here.

transam · August 31, 2012

As I recall, there was some doubt as to the girls actual age, 16 or 17, a point which seems to have been overlooked. The point being that it was reported that she had recently returned from America (the length of stay was never mentioned as I remember) where it is POSSIBLE that she gained a legal U.S. drivers licence. I have no wish to try to make her actions more acceptable, but just possible that she was not driving illegally. Also, does anyone actually know who she was texting? Requesting advice maybe? How would you deal with the situation if it was YOUR daughter?......please be honest!

Forget USA and legality of a USA license. Her PARENTS are fully aware of Thai law. Same as kids under 10 years of age riding bikes past my place, the PARENTS give them the keys.

Lifer · August 31, 2012

I hate to say it but, if you are so terribly offended, stop prostituting your morals and go back to where you came from, where there is a justice system you understand.

I hate to say it, but, if you don't like what you read don't read the forum.... See my point ? The 'If you don't like it go home' argument is so fundamentally flawed yet overused it only presents its users lack of brain function.

What a dopey cop out answer. I have never once whinged about Tv...only some dopey comments. You are trying to impose your values into a completely foreign culture. I have followed Tv for years but never bothered to post because of the habitual Thai bashing. Yep the go home attitude comes up all the time. I wonder why? Because so many of you (from reading posts) can say nothing positive about Thailand that the only intelligent response is ... 'Take your hand off the hotplate if it is getting burnt'. Do I like everything here? Hell no, there is so much dopey stuff going on but.. I choose to stay here and I will go back to where I came from when I decide. Maybe these whingers should go and live in China or Afghanistan... but they don't because (and here is the point) life is too good for them here.

Spot on.

softgeorge · August 31, 2012

In reply to Ozmic @#106

In Australia it is an offence for a company to let an unlicenced or suspended driver to drive your company vehicle but there is no specific offence for a parent. I have pulled over a number of kids driving mummies vehicle and there was nothing I could charge the parents with. I have been policing in Australia for years.

arthurwait · August 31, 2012

[

That's justice in the Land of Smiles. I feel awful for the families of those killed by the little wench. I can take comfort in the fact that this particular family just lost major 'face'. She will always be the little rich girl that got away with killing people. Thais love gossip. She may have been slapped on the wrist by the courts, but the society at large will not forget who she is and what she's done. They'll be whispering behind her back wherever she goes.

Boy you're going to be eating your words soon.

moe666 · August 31, 2012

Aw the outrage. the family paid thru the nose to the victims family as they always do in Thailand. Which would have been better a poor Joe from Issan with no money to pay and he gets 10 years but the families get nothing. This way the families recieve something for their loved ones that is more tangiable than a prison sentence that doesn't give the families anything.

If you want the harsh justice of the west then this is not the place for you. My thoughts and best wishes go out to the victims families as nothing will replace their loved ones not even a harsh sentence on a na Authaya

arthurwait · August 31, 2012

Arrgh !!

Edited August 31, 2012 by arthurwait

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