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 Post subject: Plymouth Bad Apple
PostPosted: Wed Dec 16, 2015 10:51 pm 
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Plymouth taxi driver could lose license after being found guilty of assaulting female passengers

By Plymouth Herald Posted: December 16, 2015

By CARL EVE, Crime Reporter

A Plymouth taxi driver who assaulted three female passengers may have his licence removed by Plymouth City Council.

Augustin Marian of Union Street, was arrested following an incident at Sherwell Arcade in North Hill on August 11.

The driver was accused of assaulting three women who it was claimed had been in his Hackney cab.

He denied the offence but following trial at Plymouth Magistrates court earlier this month he was found guilty on December 1 of all three counts of assault by beating.

Marian, aged 33, was handed a community order and told to carry out 120 hours unpaid work over the next 12 months. He was also ordered to pay £500 compensation and pay a Criminal Courts Charge of £520.

Witnesses say a doorman from a nearby club and a burger van worker assisted with the apprehension of Marian.

A spokesman for Plymouth City Council said: “We can confirm there is a taxi driver on our books by the name of Sergio Marian Augustin.

“We are aware of the conviction and are seeking confirmation from the courts of the terms of the conviction.

“On receipt of confirmation, the matter is likely to be referred to Taxi Licensing Committee who have the power to decide whether any driver is ‘fit and proper’ to retain a licence.”

The Taxi Licensing Committee will next meet on January 7, 2016.

Read more: http://www.plymouthherald.co.uk/Plymout ... z3uWSkJzWm
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 Post subject: Re: Plymouth Bad Apple
PostPosted: Thu Dec 17, 2015 2:47 pm 
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The Taxi Licensing Committee will next meet on January 7, 2016.


In the meantime there could be yet another incident

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 Post subject: Re: Plymouth Bad Apple
PostPosted: Thu Dec 17, 2015 6:18 pm 
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That is what happens in the 1975 Act area.

Not so elsewhere - an immediate suspension could apply and remain suspended until an appeal is heard.

This chap could be "Revoked" on 7 January, giving him 21 days to lodge an appeal. If he does so he can keep working until it is heard then, if that does not go his way, he can lodge a further appeal to the Crown Court. All the time he continues to work.

I do not like the abuses that the rest of you face, but, sometimes, just sometimes, I can see why it's there.

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 Post subject: Re: Plymouth Bad Apple
PostPosted: Fri Dec 18, 2015 7:09 pm 
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Chris the Fish wrote:
Not so elsewhere - an immediate suspension could apply and remain suspended until an appeal is heard.

The problem we have now is that if they do suspend, they can't revoke at a later date.

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 Post subject: Re: Plymouth Bad Apple
PostPosted: Fri Dec 18, 2015 8:28 pm 
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Can they continue the suspension in perpetuity?

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 Post subject: Re: Plymouth Bad Apple
PostPosted: Sat Dec 19, 2015 9:34 pm 
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Chris the Fish wrote:
Can they continue the suspension in perpetuity?

No.

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 Post subject: Re: Plymouth Bad Apple
PostPosted: Fri Feb 19, 2016 8:32 pm 
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Plymouth taxi driver who assaulted female fares warned to complete unpaid work or face jail



A TAXI driver who failed to turn up to complete his unpaid work order – after being found guilty of assaulting three female fares – has been told he risks prison if he keeps missing the sessions.

Augustin Marian, of Union Street, was arrested following an incident at Sherwell Arcade in North Hill on August 11 last year.

He was found guilty following trial on December 1 of three counts of assault by beating. The victims were described as three females who were passengers of his Hackney cab.

Marian, aged 33, was handed a community order and told to carry out 120 hours unpaid work over the next 12 months. He was also ordered to pay £500 compensation and pay a Criminal Courts Charge of £520.


Marian recently appeared before Plymouth City Council’s taxi licensing committee where they made a decision as to whether he was considered to be a ‘fit and proper’ person to retain a taxi licence.

The council said it was unable to confirm their decision, but revealed Marian had until March 1 to lodge any appeal against the committee’s decision.

At Plymouth Magistrates Court, prosecutor Beverly Wilmott explained how Marian had missed a number of appointments to carry out his unpaid work.

Marian, who was unrepresented, said he showed up at one of the appointments but they rescheduled his appointment. The next time he had worked two shifts as a taxi driver having taken a long distance job and so could not attend.

He explained to magistrates he had a year to carry out the unpaid work, but he also needed to work to put food on the table.

Marian explained he was going to lose his taxi license within the next two weeks and needed to earn money now rather then attend the unpaid work appointments.

The chair of the bench attempted to explain to Marian that he had to attend each appointment.

In response, Marian said: “I know I have to do unpaid work, but I’ve things to do myself.”

The clerk of the court then explained to Marian: “If you don’t do the hours the probation service tell you, then you can be brought back to court and sent to prison – that’s how series it is, okay?”

After a brief discussion, the chair of the bench told Marian: “You have a community order for 12 months and once the hours are complete, you’ve still have the community order.

“We are prepared to allow you to carry on with this order. Should you breach it again, because you haven’t turned up and haven’t given evidence as to why you can’t attend, the chances are you will end up serving a prison sentence.”

Marian was ordered to complete a further 20 hours unpaid work and pay court costs of £50.


Read more: http://www.plymouthherald.co.uk/Plymout ... z40dzg82QA

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 Post subject: Re: Plymouth Bad Apple
PostPosted: Sat Feb 20, 2016 8:45 pm 
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captain cab wrote:
The council said it was unable to confirm their decision

The lazy Journalist could have read the minutes of the meeting that PCC published online, as did I. Using powers of common sense the Jouno could have worked out that the only Hackney Driver in front of the Committee was him.

Revoked.

He had 21 days to appeal, that will be about 5 days left, then, if his appeal is not lodged, he hands in his badge.

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