Another cyclist killed by motorist on the phone.

[Ming the Merciless]

A 10 year ban on driving would be justified

 

[DCBassman]

A 10 year ban on driving would be justified

At the very least, IMHO...

 

[DRM]

Anybody considering separating a child from its mother needs to have a really good think and a really extraordinarily good justification for that course of action. I'm not giving an opinion on whether this case provides that justification but it is not a trivial matter.

Imagine how a child would feel finding out it was only conceived as a get out of jail free card

 

[Drago]

Yes but that implies it wasn't murder, whereas homocide makes no judgment on intent.

Yes, you can recklessly assault someone, but strangely you can't recklessly murder them.

In a way its a bit of a joke, the whole thing open to happenstance. If I poke someone hard in the face but don't injire them, I could be done for common adsault. Punch someone else, in exactly the same circumstances using exactly the same level of force, but their skull fractures then I could end up in the jug for GBH.

In either scenario the intent, the act of violence, and the level or force used in joules is identical, yet as an offender I would be sentenced (or rewarded) depending on the level of good or bad luck involved.

To my mind you assault someone, or you don't. You assault someone with a weapon, or you don't. You kill someone, or you don't. Letting people off with lighter punishments simply because they aren't very good with their fists always seemed odd to me.

 

[the snail]

My understanding is that motoring law is framed in this manner because if there was a chance of being charged with vehicular murder or manslaughter it would make driving far too unpopular. Think of the lost tax revenue and profits.

The 'death by' offenses were created because juries are reluctant to convict drivers on manslaughter charges ( c.f. the Allison case).
It occurs to me that if someone drives while disqualified, rather than the taxpayer forking out for prison accommodation, the offender should get an ankle bracelet and home arrest, so no need to worry about childcare etc.

 

[simongt]

This country is odd. If I go out and knife someone, I'll probaby get twenty years. If I run them down in a car, I'll probably get six months.

 

[Profpointy]

This country is odd. If I go out and knife someone, I'll probaby get twenty years. If I run them down in a car, I'll probably get six months.

There is a difference between stabbing someone, presumably deliberately, and accidentally running someone over however blameworthy or recklessly you'd been driving.

That said I have a major problem with some seeming deliberate hitting of cyclists as being seen as motoring offences rather than the serious assaults / attempted murder they quite clearly are.

And bad cycling leading to deaths are treated far more severely than bad driving.

 

[simongt]

The point here may be that if someone is more interested / concerned in looking at their cellphone than driving, then that is total irresponsibility and should be treated as such and not as an 'oh dear, well never mind, you're a driver after all not just a cyclist.'

 

[simongt]

Example being of Christopher Guard who in 2015, despite having previously been caught eight times using his cellphone whilst driving and put on two driver awareness courses to avoid points, continued to drive, claiming 'exceptional hardship' each time if he lost his licence, carried on using his cellphone whilst driving and later hit and killed cyclist Lee Martin.
Nuff said.