Driver tries to kill cyclist, hits building.

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Ganymede

Veteran
Location
Rural Kent
It can't be much else.

To prove attempted murder, the Crown would have to convince a jury the woman wanted to kill the cyclist.

We don't know the circumstances, but if she ran him over once and stopped, she's not - beyond reasonable doubt - trying to kill him - why not reverse and have another go?

However, anyone who deliberately drives a car into a cyclist - even if 'only' once - is almost certainly trying to injure the cyclist.
I think vickster means it can be "attempted" GBH if she did actually harm him - it's just "GBH".
 

vickster

Legendary Member
It can't be much else.

To prove attempted murder, the Crown would have to convince a jury the woman wanted to kill the cyclist.

We don't know the circumstances, but if she ran him over once and stopped, she's not - beyond reasonable doubt - trying to kill him - why not reverse and have another go?

However, anyone who deliberately drives a car into a cyclist - even if 'only' once - is almost certainly trying to injure the cyclist.
It was more the attempted Gbh rather than actual Gbh I was querying
 

.stu

Über Member
Location
Worcester
Gbh depends on the actual injury. If that was minor, a gbh charge would fail.

Which is why it is "attempted gbh". The police obviously believe the driver attempted to injure the cyclist using their car as a weapon, which would likely result in serious injury, just the same as attempting to stab someone with a kitchen knife. Just because she failed, doesn't mean she didn't try!
 

spen666

Legendary Member

jarlrmai

Veteran
It's an interesting question, if I attempt to harm you in way which is very likely to result in your death, but at that time my mental state is not decided on if I want to kill or just injure you i.e. I am just in an uncontrollable rage. Is it attempted murder or not?
 

Ganymede

Veteran
Location
Rural Kent
Which is why it is "attempted gbh". The police obviously believe the driver attempted to injure the cyclist using their car as a weapon, which would likely result in serious injury, just the same as attempting to stab someone with a kitchen knife. Just because she failed, doesn't mean she didn't try!
Yes I see - I found the definitions on the CPS website and the injury has to be much worse for GBH:

"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:

  • injury resulting in permanent disability, loss of sensory function or visible disfigurement;
  • broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
    injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
  • serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a15
 

BSRU

A Human Being
Location
Swindon
Apparently the driver was not alone in the car, she had her kids with her:ohmy:.
 

4F

Active member of Helmets Are Sh*t Lobby
Location
Suffolk.
The standard article seems to suggest she had children in the car as well:- :ohmy:

Angela Bulbeck, who has owned The Park Salon for 17 years and worked there since she was a teenager, said she spoke to the motorist shortly after the crash.
She said: "She kept saying repeatedly that she was sorry. I just said it didn't matter if there was no loss of life. We are just hoping she is insured. She drives a very fancy car. I think that is what saved her children's' lives."

Beaten to it by BRSU....
 

Ganymede

Veteran
Location
Rural Kent
The standard article seems to suggest she had children in the car as well:- :ohmy:

Angela Bulbeck, who has owned The Park Salon for 17 years and worked there since she was a teenager, said she spoke to the motorist shortly after the crash.
She said: "She kept saying repeatedly that she was sorry. I just said it didn't matter if there was no loss of life. We are just hoping she is insured. She drives a very fancy car. I think that is what saved her children's' lives."

Beaten to it by BRSU....

WTFFFFFFF?
 
Last edited by a moderator:

BSRU

A Human Being
Location
Swindon
The standard article seems to suggest she had children in the car as well:- :ohmy:

Angela Bulbeck, who has owned The Park Salon for 17 years and worked there since she was a teenager, said she spoke to the motorist shortly after the crash.
She said: "She kept saying repeatedly that she was sorry. I just said it didn't matter if there was no loss of life. We are just hoping she is insured. She drives a very fancy car. I think that is what saved her children's' lives."

Beaten to it by BRSU....
Five children in the car.
 

Profpointy

Legendary Member
There's a good argument for treating it (deliberately targeting someone with a car) more like arson, than as minor traffic offense. Even when people are injured, the motorist usually gets let off. And if they are killed, then the suicide-death-swerve defence works pretty well
 
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