Technology
Man jailed for almost six years for running over thief who stole his backpack
Key Points
Man jailed for almost six years for running over thief who stole his backpack Kai was on an eight-day holiday in Perth with his girlfriend and her family and had planned to propose to her - Bookmark - CommentsGo to comments Become an Independent member to bookmark this article Already a member? Log in A Singaporean tourist has been jailed for five years and nine months in Australia after he chased a man who had stolen a backpack from his rental car and drove over him, killing him. Lincoln Ng...
Man jailed for almost six years for running over thief who stole his backpack
Kai was on an eight-day holiday in Perth with his girlfriend and her family and had planned to propose to her
- Bookmark
- CommentsGo to comments
Become an Independent member to bookmark this article
Already a member? Log in
A Singaporean tourist has been jailed for five years and nine months in Australia after he chased a man who had stolen a backpack from his rental car and drove over him, killing him.
Lincoln Ng Jing Kai, 29, was sentenced on Monday at the Supreme Court of Western Australia over the death of Mark John Burnes in Perth in May 2024.
Kai was originally charged with murder, but pleaded guilty to manslaughter in August after prosecutors agreed to accept the lesser charge.
His sentence is backdated to 24 May 2024, when he was first taken into custody, and he will be eligible for parole after three years and nine months.
Judge Terence Palmer said Kai’s actions "involved an element of taking the law into your own hands and a degree of vigilantism", even though he did not intend to seriously injure Burnes and expected the police to arrive.
The court heard that Kai was on an eight-day holiday in Perth with his girlfriend and her family, and had planned to propose to her.
On 23 May 2024 the group parked their rental car near a restaurant in East Victoria Park, leaving a backpack in the boot that held a passport, an iPad, some cash and an AirTag, a small tracking device made by Apple.
Burnes had seen them leave the bag, smashed the car's back window and took it.
The next day the family used the AirTag to find its location near a construction site, and called the police. While they were there, Burnes rode past on an e-bike carrying what looked like the stolen backpack.
Kai’s girlfriend's father told him to follow, and he chased Burnes for about 10 minutes through the streets of Carlisle, a Perth suburb, while her brother updated the police by phone.
When Burnes rode onto a grass verge, someone in the back of the car told Kai to give the bike "a tap", the court heard.
Kai hit the rear wheel, and Burnes fell. Burnes shouted threats, and Kai, who was afraid he would attack, pressed hard on the accelerator thinking the car was in reverse, but it was in drive.
The car struck Burnes, who went under it, and Kai drove about 25m with him trapped under the front wheel while bystanders shouted and banged on the window. Kai then reversed and freed him and waited by the roadside for the police. Burnes was declared dead in hospital.
Justice Palmer accepted that Kai believed Burnes posed an imminent threat and that he made a "split second decision made under pressure".
But he said that if Burnes was a threat, it was because Kai was using a car to chase and confront him, and that Burnes was vulnerable on an e-bike.
He said Kai should have stopped as soon as he realised the car was moving forward, and he rejected the argument that he was too confused to understand the risk.
"While I accept that you may have panicked at the time, I am not satisfied that you were so addled to not appreciate the obvious risk associated with driving towards Mr Burnes," the judge said.
The judge took into account Kai’s guilty plea, his lack of a criminal record, and his genuine remorse, and accepted that his actions were out of character and that he had excellent prospects of rehabilitation.
He also considered that Kai’s prospective father-in-law had told him to pursue Burnes, but said that Kai was driving and so had "ultimate control over the situation".
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments
[Image text:] POLICE
CRIME
STOPPERS
com.au
1800333000
Kai (PERSON)
Perth (LOCATION)
Independent (ORG)
Singaporean (ORG)
Australia (LOCATION)
Lincoln Ng Jing Kai (PERSON)
the Supreme Court of Western Australia (ORG)
Mark John Burnes (PERSON)
Terence Palmer (PERSON)
Burnes (ORG)
East Victoria Park (LOCATION)
iPad (ORG)
AirTag (ORG)
Apple (ORG)
Carlisle (LOCATION)