Spymaster
Plastic Paddy
Lack of mens rea. There needs to be proof of an intention to kill.
Driving Standards
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Lack of mens rea. There needs to be proof of an intention to kill.
8ball
Decolonise colons!
No you're not.
But taking the question as asked - I believe mitigating factors are not something that were just invented for this particular case.
8ball
Decolonise colons!
I think with an intention to hurt and the fact that hitting someone with a car can very plausibly kill them, it's likely over the threshold.
Spymaster
Plastic Paddy
Nah. It has to be an intenton to kill or commit GBH.
If he says his intention was to scare or give him a light tap it's hard to see how an intention to kill can be considered proven, especially if, as is so often the case, the cyclist initiated the confrontation.
8ball
Decolonise colons!
Yeah, think you’re right, looking at it.
I read so many things involving US law that I think I get the systems mixed up.
I wonder whether it would be simple manslaughter if the person has died, or whether a murder charge would then be in the frame…
Bahnhof Strasse
Met up with Hannah Courtoy a week next Tuesday
or commit serious harm
Sure the article is a local rag and even 'respsected' national rags are pretty poor with details these days, however a direct quote from the article:
Sheriff Alison Michie said:
Swerving repeatedly until you strike a cyclist, any reasonable person would know that is likely to result in serious injury, and indeed in this case it did. So meets the threshold, but as so often is the case, car drivers are held to a lower standard of account than others whose violent outbursts cause serious harm.
Spymaster
Plastic Paddy
He was probably trying to swerve out of the way to prevent the cyclist from ramming him.
8ball
Decolonise colons!
I think that would have been an argument for a murder charge if the cyclist had died, but with attempted murder I think the intention to kill is primary.
It's one of those cases of "moral luck".
sleaterkinney
Well-Known Member
You so do. It can't all be the drivers fault.
sleaterkinney
Well-Known Member
Of course, time for some wanker bantz.
8ball
Decolonise colons!
I get that Christmas can be a stressful time. Maybe a little sit down and a nice cup of tea would help both your frazzled nerves and your reading comprehension.
sleaterkinney
Well-Known Member
You're the one getting mixed up with US law!, my nerves are fine.
8ball
Decolonise colons!
What are you dribbling on about? A few minutes ago you were wibbling about it not being the driver's fault.
Do you have any point to make?
Spymaster
Plastic Paddy
Always
sleaterkinney
Well-Known Member
I wasn’t, and you posted that you were getting mixed up with US law a few posts previously. Maybe you need a cup of tea and a stfu?.
8ball
Decolonise colons!
#3,249
And how are US vs UK distinctions re: attempted murder relevant to anything that you have tried to say.
Anyone else picking up a strong whiff of "butthurt and looking for a win".
I'm just not sure why...
sleaterkinney
Well-Known Member
Try reading 3249 again, and the post I responded to.#3,249
And how are US vs UK distinctions re: attempted murder relevant to anything that you have tried to say.
Anyone else picking up a strong whiff of "butthurt and looking for a win".
I'm just not sure why...
I’m neither of those things, you’re just very confused.
8ball
Decolonise colons!
#fwit
sleaterkinney
Well-Known Member
As opposed to what?. Wibbling on about an imaginary cancer diagnosis of someone close to him?.
8ball
Decolonise colons!
Please don't wear out my tags.
Elpenor
Dancing as fast as I can
Was tailgated by a bus earlier tonight, until eventually they overtook me. later on, having passed me when we entered a dual carriageway section of road, but with the bus still visible ahead the same vehicle made what seemed to be a very shit manoeuvre (sudden lane change which caused another vehicle to take evasive action)
Should I report to the bus company? Was a bit pissed off about being tailgated as the conditions were rather poor and I had dropped my speed accordingly. There were no vehicles behind the bus so no reason to tailgate me. Bus appeared to be out of service as no passengers on board or lights on in the passenger cabin
Should I report to the bus company? Was a bit pissed off about being tailgated as the conditions were rather poor and I had dropped my speed accordingly. There were no vehicles behind the bus so no reason to tailgate me. Bus appeared to be out of service as no passengers on board or lights on in the passenger cabin
Spymaster
Plastic Paddy
Yes
hash tag
Books, not bombs
Good luck if you do. I nearly got fun by a black cab once making an illegal turn while on a mobile phone. I reported him, the operators didn't give a toss.
Spymaster
Plastic Paddy
Bus firms take things a bit more seriously if they can trace the driver.
Elpenor
Dancing as fast as I can
I’ve reported it at the weekend and had an email today from the bus company which said amongst other things:
I hope the driver doesn’t lose their job, but then you think about that bin lorry driver in Scotland who killed several people. Certainly if I’d had to make an emergency stop the bus would have gone straight into me
Anyway with the information I provided they think they can identify the driver and take any action as required.
I hope the driver doesn’t lose their job, but then you think about that bin lorry driver in Scotland who killed several people. Certainly if I’d had to make an emergency stop the bus would have gone straight into me
hash tag
Books, not bombs
Aaaah, bless
SpookyFrank
A cheap source of teeth for aquarium gravel
Note that it's the lack of insurance that got the car seized, not the driving like a absolute cunt bit. 120mph doesn't even warrant a year's ban these days...
Speeding 118mph Mercedes driver guilty of dangerous driving
Dean McEvansoneya was speeding on the road between Barnstaple and Braunton.
Spymaster
Plastic Paddy
It's seized for no insurance because it's impossible for the scrote to drive away from the scene legally. They can, and often will, seize the car for 'driving like a cunt', but it creates a shit load of work (car has to be collected and impounded; the driver transferred to safety if it's on a motorway; police officers taken away from other stuff, etc ... ), so it probably more efficient to let the driver take his own car away and do him later through the courts if he's not pissed/uninsured/no licence ....
He didn’t have insurance because no one would sell it to him. The dealer who sold him the car 2 days earlier would’ve known that, so they should be investigated too if they let him it drive away without checking.
T & P
|-o-| (-o-) |-o-|
What about this cunt…
www.theguardian.com
Sunak apologises for failing to wear seatbelt while filming in car
No 10 says PM ‘fully accepts’ this apparent breach of road safety law ‘was a mistake’
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