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-   -   New offence created for causing death via carless driving (http://www.cyclebanter.com/showthread.php?t=176674)

Duncan Smith January 9th 08 12:08 PM

New offence created for causing death via carless driving
 
Anyone listening to the news today will be aware of the creation of a
new offence for causing death on the road by temporary carelessness -
which if the driver has an otherwise good record need only carry a
community sentence.

Regards,

Duncan




spindrift January 9th 08 01:04 PM

New offence created for causing death via carless driving
 
On 9 Jan, 12:08, Duncan Smith wrote:
Anyone listening to the news today will be aware of the creation of a
new offence for causing death on the road by temporary carelessness -
which if the driver has an otherwise good record need only carry a
community sentence.

Regards,

Duncan


Someone's put it much better than i could:

The definition of "dangerous" driving is set down within the law, it's
not just a random definition according to which judge is sitting.
"Dangerous" driving must fall "far below" the acceptable standard. A
moment's lapse of judgement, therefore, isn't dangerous, because
whilst the defendant might accept that in that moment he fell below
the acceptable standard, he did not fall "far" below. This is what
was not only keeping careless drivers out of jail, but also getting
them acquitted.

The new offence of causing death by careless driving will cover those
momentary lapses. But then - what do you do with someone who came
around a corner, within the speed limit, was blinded by the sun and as
they slowed down hit a pedestrian and killed them? Or someone who was
taking an ill child to the doctor's, and was momentarily distracted by
the child suddenly vomiting in the back seat and turned to look at
them, and hit and killed a pedestrian? Both examples are careless,
but I don't think you could accuse them of using their car as a
killing machine and deserving of jail. It's this group of momentary
lapses which will attract community penalties, as the article made
quite clear:


Quote
The Sentencing Guidelines Council (SGC) is expected to recommend
community penalties for drivers who kill someone after momentarily
losing concentration.

On the other hand, someone who kills whilst using a mobile / trying to
reprogramme their SatNav / succumbing to an act of oral love from the
passenger, will have established that their carelessness (it's still
not, technically, dangerous) was not a momentary lapse but a
deliberate course of action, and are more likely to go to jail.

I don't think you can say that this is anything other than a step
forward.


http://www.anothercyclingforum.com/i...?topic=45662.0

Doki January 9th 08 02:18 PM

New offence created for causing death via carless driving
 
I reckon it'll be hard work to make charges of carless driving stick ;).

congokid January 9th 08 02:40 PM

New offence created for causing death via carless driving
 
In article , Doki
writes
I reckon it'll be hard work to make charges of carless driving stick ;).


I agree - attempts to prosecute will be in van.
--
congokid
Eating out in London? Read my tips...
http://congokid.com

Dan Gregory January 9th 08 05:15 PM

New offence created for causing death via carless driving
 
congokid wrote:
In article , Doki
writes
I reckon it'll be hard work to make charges of carless driving stick ;).


I agree - attempts to prosecute will be in van.

Is that any of your busness?

[email protected] January 9th 08 07:36 PM

New offence created for causing death via carless driving
 
Dan Gregory wrote:
congokid wrote:
In article , Doki
writes
I reckon it'll be hard work to make charges of carless driving stick ;).


I agree - attempts to prosecute will be in van.

Is that any of your busness?


No, and we should have no truck with it either.


-dan

Rob Morley January 10th 08 12:21 AM

New offence created for causing death via carless driving
 
In article ,
says...
Dan Gregory wrote:
congokid wrote:
In article , Doki
writes
I reckon it'll be hard work to make charges of carless driving stick ;).

I agree - attempts to prosecute will be in van.

Is that any of your busness?


No, and we should have no truck with it either.

You shouldn't trample what is basically an improvement on current
legislation.

The Luggage January 10th 08 10:57 AM

New offence created for causing death via carless driving
 
On 10 Jan, 00:21, Rob Morley wrote:
In article , *
says... Dan Gregory wrote:
congokid wrote:
In article , Doki
writes
I reckon it'll be hard work to make charges of carless driving stick ;).


I agree - attempts to prosecute will be in van.
Is that any of your busness?


No, and we should have no truck with it either.


You shouldn't trample what is basically an improvement on current
legislation.


Rob - switch your sense of humour filter back on please. Doki et al
were commenting and punning on the OP's typo in the subjest title...

TL

Rob Morley January 10th 08 11:00 AM

New offence created for causing death via carless driving
 
In article d52fc6f8-249d-4bf8-b04a-cfae6b34d8a8
@q77g2000hsh.googlegroups.com, The Luggage
says...
On 10 Jan, 00:21, Rob Morley wrote:
In article , *
says... Dan Gregory wrote:
congokid wrote:
In article , Doki
writes
I reckon it'll be hard work to make charges of carless driving stick ;).


I agree - attempts to prosecute will be in van.
Is that any of your busness?


No, and we should have no truck with it either.


You shouldn't trample what is basically an improvement on current
legislation.


Rob - switch your sense of humour filter back on please. Doki et al
were commenting and punning on the OP's typo in the subjest title...

Alan, was my pun too subtle for you?


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