Sara_H
Guru
Child Protection proceedings for emotional abuse may also ensue then.Apparently the driver was not alone in the car, she had her kids with her.
Child Protection proceedings for emotional abuse may also ensue then.Apparently the driver was not alone in the car, she had her kids with her.
I understand where you are coming from, but there is insufficient evidence here of any intent even to cause serious harm, let alone more.
By over hyping the story bandying about murder or attempted murder without any evidence to back it up all we end up doing is alienating people and not getting the public support we should get.
She drove her car at a cyclist and you think there was no evidence of intent to cause harm? What exactly do I have to do to make a lawyer believe I intend to harm someone? Write down "I plan to hurt this person" before belting them with an axe?
I'm sure you are correct, but you said that there was 'insufficient evidence of intent to cause serious harm", and that's what I have a problem with. If I belted someone with an axe (or a d lock) surely no one would doubt that I intended to cause harm. Hitting someone with a car is clearly worse, but somehow doesn't count as evidence of intent to hsrm seriously. This baffles me.An intention to cause harm is not sufficient to bring a charge of attempted murder
I'm sure you are correct, but you said that there was 'insufficient evidence of intent to cause serious harm", and that's what I have a problem with. If I belted someone with an axe (or a d lock) surely no one would doubt that I intended to cause harm. Hitting someone with a car is clearly worse, but somehow doesn't count as evidence of intent to hsrm seriously. This baffles me.
I did say thatI'm sure you are correct, but you said that there was 'insufficient evidence of intent to cause serious harm", and that's what I have a problem with. If I belted someone with an axe (or a d lock) surely no one would doubt that I intended to cause harm. Hitting someone with a car is clearly worse, but somehow doesn't count as evidence of intent to hsrm seriously. This baffles me.
Did I mention attempted murder or GBH anywhere in my post?Having children in the car is not evidence of attempted murder or attempted GBH, in fact it appears on the face of it that its not evidence of anything other than they had children in the car
I did say that
You however are confusing an intent to cause serious harm with an intent to cause harm. Only the former is sufficient to ground a charge of attempted murder.
The fact you use a weapon to cause injury is not of itself evidence of an intent to cause serious harm. Why do you think there are 2 offences of grevious bodily harm?
S20 is causing GBH and S18 is causing GBH with intent
You are I think confusing the actus reus and the mens rea (actions and mental state/intention)
You see in your legal spin you are being too generous to yourclientsorry this woman driver. She may well have had intent to kill as any REASONABLE person would think driving a normal car at a cyclist may well result in death of the cyclist. She was driving a frikin' great tank so serious injury and or death were extremely likely to happen. It is pure luck that this did not happen as she crashed into the shop instead. If I said to you, if you drive your car at a cyclist what are the likely outcomes in injury going to be I bet you and most of Britain would say probably death or serious injury resulting in serious disability, coma, broken bones. So in this instance even though the cyclist only sustained relatively minor injuries this was because of good fortune. She clearly had intention or was RECKLESS as to causing serious harm or killing the cyclist. This is because she practically demolished the front of the shop and also caused serious damage to the large van. So she did have intention or was reckless imho opinion. The kids all 5 of them may well be her nemesis and saviour. With skilful interviewing it could be revealed what if anything the nutz woman said before she drove at the cyclist such as "Die you f****r, I am going to run you down! However in sentencing the court is going to look sympathetically as it could mean that 5 kids go into care if the father(s) is or are absent and unable to take care of the sprigs so she will avoid a custodial sentence. My guess is her punishment will be derisory - 3 penalty points and a £100 fine as she will previously been of good character, an exemplary mother and have done lots of charity work.
Or, more likely, she will reply "no comment".