Road rage cabbie drove minibus at cyclist in Grangemouth
- Thread starter Tom...
- Start date
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Cycleops
Legendary Member
- Location
- Accra, Ghana
... especially as he'll be out in 12 months or less. At least he won’t be driving taxis again.
Hasnt this been already posted by @glasgowcyclist ? Just under your post.
Hasnt this been already posted by @glasgowcyclist ? Just under your post.
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OP
OP
Tom...
Veteran
Oops, apologies.
Cycleops
Legendary Member
- Location
- Accra, Ghana
Never mind, we all do it sometimes
Attempted Murder
Attempted Murder is defined in law as, when a person has the intention to kill and has done something more than merely preparatory to commit the killing.The attempt has to be serious enough that death could have resulted from it. The main difference between attempted murder and other serious offences against the person, such as grievous bodily harm, is the intent to kill.
Thanks for that.
I think he should have been charged with attempted murder. I think the system is broken.
Arjimlad
Tights of Cydonia
- Location
- South Glos
It's extremely easy to defend that charge, so it stands low prospects of success. I agree the system is broken and the sentencing weak.
Cycleops
Legendary Member
- Location
- Accra, Ghana
But it would be very easy for his defence to prove he didn't intend to kill the cyclist (see @PK99 's post) Can't see what it's got to do with the system being broken.
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Profpointy
Legendary Member
As I understand it if he had actually killed the cyclist it could have been prosecuted as murder with a fair chance of success, as intent to injure, then someone forceable being killed is enough, but for attempted murder then the intent has to be to kill, rather than doing something dangerous that might kill.
Shoot or stab someone on purpose and you've a fair case for attempted murder but beat someone up, probably not. But if you beat someone up and they die you could well be convicted of murder.
Maybe that's fair enough, but why TF is the incident this thread is about not charged as the very serious assault and punished accordingly rather than merely as bad driving? If I stab someone with a kitchen knife I don't get charged with a breach of health and safety or food hygiene rega
presta
Guru
My lay understanding of the law is that if you've deliberately done something you knew to be dangerous, but without the intention to kill, that's manslaughter, not murder.
(It follows that if there's no intention to kill there can't be any such thing as attempted manslaughter.)
DRM
Guru
- Location
- West Yorks
Perhaps a better punishment would be to take him to a race track, force him to ride a bike, whilst a driver knocks him off using his taxi, seems fair to me.
Nope. Murder needs an intent to kill or cause grievous bodily harm.
Attempted murder, in contrast, needs an intent to kill.
Manslaughter is an unlawful killing without intent to kill or cause GBH, arising from an unlawful and dangerous act, or gross negligence.
https://www.cps.gov.uk/legal-guidance/homicide-murder-and-manslaughter
