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New offence created for causing death via carless driving



 
 
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  #1  
Old January 9th 08, 12:08 PM posted to uk.rec.cycling
Duncan Smith
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Posts: 449
Default 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



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  #2  
Old January 9th 08, 01:04 PM posted to uk.rec.cycling
spindrift
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Posts: 1,885
Default 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
  #3  
Old January 9th 08, 02:18 PM posted to uk.rec.cycling
Doki
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Posts: 460
Default New offence created for causing death via carless driving

I reckon it'll be hard work to make charges of carless driving stick .
  #4  
Old January 9th 08, 02:40 PM posted to uk.rec.cycling
congokid
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Posts: 215
Default 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...
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  #5  
Old January 9th 08, 05:15 PM posted to uk.rec.cycling
Dan Gregory
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Posts: 793
Default 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?
  #6  
Old January 9th 08, 07:36 PM posted to uk.rec.cycling
[email protected]
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Posts: 307
Default 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
  #8  
Old January 10th 08, 10:57 AM posted to uk.rec.cycling
The Luggage
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Posts: 167
Default 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
 




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