Cycle killer walks free from court.

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Angelfishsolo

A Velocipedian
No due respect whatsoever but that stinks like a fish's fanny.

Firstly, you go along with his get out by calling the death of the cyclist 'an accident'! There's very very rarely any such thing as 'an accident'. There's ALWAYS a contributory factor, negligence or malicious intent.

He also can't prove he DID black out momentarily. If he had, there's justification for losing his licence on a long-term basis on serious medical grounds right there.

There's no 'circumstantial evidence' there whatsoever. He ran into a cyclist and killed him. That's not something you can play with in taking your wooly-minded liberalism to such ridiculous depths. That young man will still be dead a long time after his killer has forgotten all about it.

Maybe if he was put in an oubliette for life he would never forget.
 

sadjack

Senior Member
I had to look up what oubliette meant !

It's a horrible case. You wonder where the common sense of the judiciary is.

But then again as one solicitor said to me in court prior to the start of a case ( I was a witness :rolleyes: ) "If you want common sense it's outside those doors" and pointed to the exit!!
 

Angelfishsolo

A Velocipedian
I had to look up what oubliette meant !

It's a horrible case. You wonder where the common sense of the judiciary is.

But then again as one solicitor said to me in court prior to the start of a case ( I was a witness :rolleyes: ) "If you want common sense it's outside those doors" and pointed to the exit!!

So did I when it was used as an X-Files episode title :smile:.

Such a shame that even a solicitor feels that ay about our legal system :sad:
 

marinyork

Resting in suspended Animation
Location
Logopolis
Minimum disqualification, I'm no lawyer but it seems inline with the CPS guidelines :sad:

http://www.cps.gov.u...derate_driving/

This new law was brought in to stop this sort of thing. There was even a bit of momentum towards getting tiredness and falling asleep made an aggravating factor and not a mitigating one.

Really what should have happened in this (and many other cases) if the guy gets gaoled for leaving the scene, for six months. He also gets a sentence of 12months+ if you view it in such a way.

There are on the surface of it inconsistencies, but you could argue that cyclists aren't really taken into account since one of the major aggravating factors is killing more than one and Rhyll aside, it's not very likely to happen.
 

Tynan

Veteran
Location
e4
No due respect whatsoever but that stinks like a fish's fanny.

Firstly, you go along with his get out by calling the death of the cyclist 'an accident'! There's very very rarely any such thing as 'an accident'. There's ALWAYS a contributory factor, negligence or malicious intent.

He also can't prove he DID black out momentarily. If he had, there's justification for losing his licence on a long-term basis on serious medical grounds right there.

There's no 'circumstantial evidence' there whatsoever. He ran into a cyclist and killed him. That's not something you can play with in taking your wooly-minded liberalism to such ridiculous depths. That young man will still be dead a long time after his killer has forgotten all about it.

please read my post and understand it before replying to it like that

liberalism? let alone wooly minded?

my post is plain black and white fact, tell me which part isn't plain black and white fact
 

Tynan

Veteran
Location
e4
'this isn't a court of justice, this is a court of law'
 

Tynan

Veteran
Location
e4
I only have Billy Bragg, I dropped the word 'Son' from the middle to make it sound more serious

But it's very true indeed, you can't run courts on justice, whatever on earth that means
 

marinyork

Resting in suspended Animation
Location
Logopolis
please read my post and understand it before replying to it like that

liberalism? let alone wooly minded?

my post is plain black and white fact, tell me which part isn't plain black and white fact

I can see your point of view. However I'm not quite sure how this relates to the idea that he should have been prosecuted (I'm guessing he wasn't) for leaving the scene of the accident and if found guilty sent to prison for up to six months.
 

Tynan

Veteran
Location
e4
I can see your point of view. However I'm not quite sure how this relates to the idea that he should have been prosecuted (I'm guessing he wasn't) for leaving the scene of the accident and if found guilty sent to prison for up to six months.

It's not even my point of view, just things to consider

Leaving the scene of an accident is barely a crime at all in the eyes of the court and police, people get off that with the weakest of excuses, 'I panicked', 'I was frightened', etc etc

If he said he didn't know he had an accident he can hardly leave it can he, he doesn't how much later he drove past in the other direction, some time later at a guess, he can argue he had no idea that was him

He may even have genuinely thought he'd hit 'roadside furniture'
 
It's not even my point of view, just things to consider

Leaving the scene of an accident is barely a crime at all in the eyes of the court and police, people get off that with the weakest of excuses, 'I panicked', 'I was frightened', etc etc

If he said he didn't know he had an accident he can hardly leave it can he, he doesn't how much later he drove past in the other direction, some time later at a guess, he can argue he had no idea that was him

He may even have genuinely thought he'd hit 'roadside furniture'

I got told, when hit in a car park as a pedestrian by a drunk driver (I did 100m on his bonnet), that you have 72 hours to report anyway. So you can drive away from the scene.

For all we know, he was wrestling with an alien to save the earth. Point being, we only know what is reported, and what the driver used as an excuse, or was told to use by his solicitor.
 
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