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Bus driver attacker out of jail in a year

06 Aug, 2009 12:18 PM
A man responsible for a sickening attack on a bus driver will be out of jail in 12 months despite the sentencing judge saying he deserved harsher punishment.

Judge Paul Conlon yesterday jailed James Joseph Elphick for two years with 18 months' non-parole, saying his hands were tied due to the way the case was handled in the lower court.

"Words fail to describe the savagery of the attack," Judge Conlon said.

WARNING: This footage of the attack is extremely violent and is suitable for mature audiences only.

Elphick repeatedly kicked the driver, Ian Chalmers, while he was at the wheel for refusing to drop him home after he had fallen asleep.

The assault, caught on CCTV, was so intense the bus veered onto the wrong side of the road as Mr Chalmers struggled to maintain control.

Elphick, a 20-year-old handyman from Berkeley, pleaded guilty to assault occasioning actual bodily harm and affray.

The assault happened on February 11 this year, two months after Elphick had been released from jail on another matter.

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  • Horrific attack on defenceless bus driver

    ---------------- --------------------------------- ---------------------

    He fell asleep on the Wollongong-Shellharbour run and became enraged when Mr Chalmers refused to drop him home.

    Elphick repeatedly kicked Mr Chalmers in the head, arms and back.

    Mr Chalmers tried to throw Elphick off balance with a few sharp turns of the steering, but it failed to stop him.

  • The attack took place over a distance of 1km between Blackbutt and Shellharbour.

    "Mr Chalmers nearly lost consciousness and felt his nose and cheeks go numb from the blows," police said in the fact sheet.

    The force of the kicks was so strong they peeled back the skin on Mr Chalmers' right arm and left a shoe print on his back.

    Bleeding and dazed, he pulled over outside the 7-Eleven store on the corner of Shellharbour and Wattle roads at Shellharbour.

    A motorist who witnessed the ordeal from behind jumped onto the bus and managed to get Elphick off.

    Elphick was arrested and Mr Chalmers was taken to hospital and treated for concussion, severe bruising and cuts and tears to the skin.

    Judge Conlon yesterday referred to a psychologist's report that cited Elphick's struggle to deal with a deprived childhood. The court also heard that Elphick's son had died from SIDS but he had more recently fathered a daughter, three.

    Elphick's employer, Mark Wheeler, told the court Elphick was a diligent worker but needed help and guidance for alcohol abuse.

    Judge Conlon described Elphick's background as sad but said it could not be used to excuse his behaviour.

    "It is difficult to comprehend how the society in which we live has developed in such a way that innocent victims are subjected to extreme violence every day by offenders who have one thing in common - absolute cowardice," he said.

    Judge Conlon said the attack was unprovoked and put other road users at great risk.

    He said he had a sentencing dilemma.

    Affray carried a maximum sentence of 10 years, but because the related charge of assault occasioning actual harm had been laid and accepted in a lower court he was restricted to a much lesser sentence.

    "My early statements on objective seriousness of this matter would require a sentence in excess of this limit but, given the manner in which it has come to this court, a longer sentence is not available to me," Judge Conlon said.

    The sentence was backdated to Elphick's arrest in February.

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    comments


    Date: Newest first | Oldest first
    " Absoulute Cowardice"
    Posted by Home- girl, 6/08/2009 8:09:37 AM
    yet again a dangerous coward is let off the hook and blames childhood deprivation? if thats the case, drag his parents into the court room and make them explain the behavior that nearly caused a tragedy.
    Posted by enough!, 6/08/2009 9:31:49 AM
    How frustrating that this oxygen thief gets to walk free in 12 months when the long term effetcs of PTSD on this poor driver and his family will last much longer than that. How can this pathetic sentence be justified. These losers have a license to do whatever they like knowing all they ever get is a slap across their wrist. God help us when he is freed
    Posted by pathetic_joke, 6/08/2009 9:50:38 AM
    If law allows criminals like that out in 1 year, maybe they should have assigned to them 24 hours body guard who would protect innocent people from these cowards?
    Posted by Barry, 6/08/2009 10:16:44 AM
    Let of unanswered questions here! It has been claimed that if the prosecution had known the extent of the violence it would have been heard in another court. Incompetence or negligence? Elphick claims to have no recollection of the attack and says he was drunk. The video seems to indicate he was affected by rage more than alcohol. As for not rememberin the incident, will he be given memory training courses in jail? ... and he was only just released from another jail sentence. Begs the old question: There are laws, but is there any justice?
    Posted by Fergie, 6/08/2009 10:37:13 AM
    Typical to note how this gutless coward ran to the back of the bus when the driver managed to stop the vehicle and get out of his seat. A real hero but now he will be copping it for a year!
    Posted by FTW, 6/08/2009 11:02:04 AM
    "The assault happened on February 11 this year, two months after Elphick had been released from jail on another matter." - Recidivists should receive harsher penalties to start with. But 1 year? I just cannot accept that. How the judge came to that conclusion?
    Posted by Barry, 6/08/2009 11:09:06 AM
    Arresting police or someone in the legal system bombed out big time on this one .This one we heard about, how many more stuff ups slip through with no publicity. Someone should be held accountable, .What happens when he is released,and reoffends.Iwill bet London to a brick he does.
    Posted by Annie, 6/08/2009 11:40:55 AM
    Well done to Judge Conlon for rejecting the pathetic "deprived childhood" excuse and well done to the motorist who stopped to help Mr Chalmers. If time for legislation that requires all courts to reject to usual mendacious and irrelevant excuse-making used by defense lawyers get criminals back on the streets sooner rather than later. I'm sure it would go a long way to causing meaningful sentences to be handed down for a change.
    Posted by Ted, 6/08/2009 2:21:45 PM
    I'm sure the real problem here is that we all don't understand the "process of law", because we are all stupid laypersons not versed in legal jargon. Any sane person who watched the video would conclude that this criminal act deserved at least five years, preferably ten. Judge Conlon, having promised to deliver a mountain, brought forth a mouse. What's new?
    Posted by Ray Agostini, 6/08/2009 2:59:14 PM

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     Mr Chalmers' back after the attack.
    Mr Chalmers' back after the attack.
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