At least the US can...
 

  You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more

[Closed] At least the US can convict dangerous drivers properly

12 Posts
7 Users
0 Reactions
63 Views
Posts: 41395
Free Member
Topic starter
 

It's at the extreme end, but there's a murder conviction for the white supremacist who drove into a crowd.

https://www.washingtonpost.com/local/public-safety/jury-set-to-begin-deliberations-in-james-a-fields-jr-car-ramming-trial/2018/12/06/65d38748-f9b3-11e8-8c9a-860ce2a8148f_story.html?noredirect=on&utm_term=.826978b29b57

His defence was that he panicked and did it for his own safety. ****ing lawyers!


 
Posted : 08/12/2018 7:18 am
Posts: 12482
Free Member
 

If a UK driver was found to be guilty of deliberately driving into a crowd you don't think it would also be a murder case in the UK?


 
Posted : 08/12/2018 7:42 am
 poah
Posts: 6494
Free Member
 

That is a murder conviction not dangerous driving.


 
Posted : 08/12/2018 8:32 am
Posts: 865
Full Member
 

Kerley - yep.

Found guilty of murder after driving a van into people outside Finsbury Park mosque leaving a man dead.
https://www.bbc.co.uk/news/uk-42910051

But also car driven into a crowd outside Oxgate mosque - arrests made. Surely attempted murder?
No.
"Stokes is appearing at Willesden Magistrates’ Court today charged with Section 18 GBH, aggravated taking a vehicle without consent, causing injury by dangerous driving, driving without a licence or insurance, and racially aggravated harassment with intention to cause alarm or distress.

McDonagh and O’Donnell are charged with aggravated vehicle taking, vehicle and property damage."

I would guess that he was charged with the above as that was more likely to get a conviction than trying for attmepted murder, but obviously I don't have all the facts that the Police / CPS do, nor am I an expert on what you need to prove for attempted murder to 'stick'.

Si


 
Posted : 08/12/2018 8:33 am
Posts: 7433
Free Member
 

For attempted murder in UK you need to show the accused was trying to kill, not just hurt and/or act recklessly.


 
Posted : 08/12/2018 8:42 am
Posts: 12482
Free Member
 

but obviously I don’t have all the facts that the Police / CPS do, nor am I an expert on what you need to prove for attempted murder to ‘stick’.

Precisely.


 
Posted : 08/12/2018 9:03 am
Posts: 41395
Free Member
Posts: 7433
Free Member
 

Not sure what you are talking about, but GBH/ABH/assault is the sort of thing I'd expect, unless it was arguably accidental.


 
Posted : 08/12/2018 11:43 am
Posts: 7433
Free Member
 

From that description it looks like he didn't actually make contact, though strictly speaking that shouldn't matter (assault doesn't require contact). I guess careless driving is easier to prove.


 
Posted : 08/12/2018 11:45 am
Posts: 41395
Free Member
Topic starter
 

GBH/ABH/assault is the sort of thing I’d expect, unless it was arguably accidental.

My point is that drivers get done for careless driving if we're lucky when they assault a cyclist by driving into them.


 
Posted : 08/12/2018 3:29 pm
Posts: 32265
Full Member
 

It's proving the deliberate intention that causes problems with charging.

I noticed somewhere the other day a driver got 9 months for a crash where a motorcyclist was killed. Not just pedal cyclists who are vulnerable.


 
Posted : 08/12/2018 3:59 pm
Posts: 0
Free Member
 

Point is?


 
Posted : 08/12/2018 6:13 pm
Posts: 41395
Free Member
Topic starter
 

Isn't recklessness sufficient?

I mean if I wondered down the street waving a machete around and someone was hurt...


 
Posted : 08/12/2018 6:29 pm

6 DAYS LEFT
We are currently at 95% of our target!