“Get off the f***king road. You should be on the cyclepath.”

[Thomk]

It would only elicit the widely accepted excuse of it being "a moment of madness".

GC

Or perhaps 3 moments of madness.

 

[steveindenmark]

Wouldn't attempted murder have been more of an appropriate charge?

No it wouldnt.

For murder or attempted murder you need to prove that he " Intended" to kill them. The fact that they were likely to be killed is not enough to convict, you hve to have the Intent part. Proving intent is notoriously difficult.

It is why these types of cases are not tried under murder or attempted murder.

 

[Profpointy]

No it wouldnt.

For murder or attempted murder you need to prove that he " Intended" to kill them. The fact that they were likely to be killed is not enough to convict, you hve to have the Intent part. Proving intent is notoriously difficult.

It is why these types of cases are not tried under murder or attempted murder.

from an earlier exchange on this forum, i understand "intention to seriously injure" is sufficient for murder (victim must be dead obviously) but a higher burden of " intent to kill" for attempted murder

 

[Pale Rider]

from an earlier exchange on this forum, i understand "intention to seriously injure" is sufficient for murder (victim must be dead obviously) but a higher burden of " intent to kill" for attempted murder

That's correct, but Steve's point still stands.

In this case the victim survived, so the standard for attempt murder applies which is intention to kill.

Even had she not survived, murder is a non-starter because there must be an intention to cause really serious, not just serious, harm.

An intention to injure, even if those injuries are intended to be fairly serious, is not enough - as the law currently stands.

 

[GrumpyGregry]

That's kind of what I'm getting at Thomk. Presumably there isn't a virus going round that turns harmless pensioners into Zombie Attack Ragers, so why were no questions asked about where this poisonous nonsense comes from?

Many of the diseases of old age include symptoms like major sudden mood swings, loss of social inhibitions, sudden violent rage, &c, &c.

 

[Racing roadkill]

yada yada, "you should be on the cycle path", "yeah, because I love clearing broken glass and dog sh1t out of my tyres".

 

[steveindenmark]

from an earlier exchange on this forum, i understand "intention to seriously injure" is sufficient for murder (victim must be dead obviously) but a higher burden of " intent to kill" for attempted murder

There is still the Intent element and intent is very difficult to prove unless they confess to it.

Possibly why death by dangerous driving was added to the statue books. In that case you dont need to prove intent. The fact that someone was killed is enough. Providing the manner of driving is dermed to be dangerous. Much easier than proving what someone intended to do.

 

[Profpointy]

• There is still the Intent element and intent is very difficult to prove unless they confess to it.
  
  Possibly why death by dangerous driving was added to the statue books. In that case you dont need to prove intent. The fact that someone was killed is enough. Providing the manner of driving is dermed to be dangerous. Much easier than proving what someone intended to do.

intent to harm should be pretty clear after taking 3 attempts to hit someone

 

[steveindenmark]

intent to harm should be pretty clear after taking 3 attempts to hit someone

I intended to frighten them. Prove me wrong.

 

[Profpointy]

I intended to frighten them. Prove me wrong.

that defence would be a sticky wicket if you'd stabbed someone

 

[Smurfy]

He is clearly totally unsuited to the responsibility of driving a motor vehicle. A ten year ban and no fine would have been much better for everyone.

 

[huwsparky]

He is clearly totally unsuited to the responsibility of driving a motor vehicle. A ten year ban and no fine would have been much better for everyone.

Have to agree. A longer ban would have much more of an effect than the fine issued here. Total joke that he's told to pay the victim 1k when the bike was worth 1.5k, where the sense in that?

 

[raleighnut]

Have to agree. A longer ban would have much more of an effect than the fine issued here. Total joke that he's told to pay the victim 1k when the bike was worth 1.5k, where the sense in that?

Still open for the victim to make a civil claim for damages/injuries.

 

[huwsparky]

Still open for the victim to make a civil claim for damages/injuries.

I sincerely hope this happens.

 

[Pale Rider]

Have to agree. A longer ban would have much more of an effect than the fine issued here. Total joke that he's told to pay the victim 1k when the bike was worth 1.5k, where the sense in that?

The £1,000 is the criminal court's gesture of compensation for the injury, and is also part of the punishment because the driver has to pay it directly from his own funds.

A civil claim against the driver - almost certainly through his motor insurers - would include the bike and the personal injury.