|
|
Thread Tools | Display Modes |
#101
|
|||
|
|||
Brutal driver walks
On 09/02/2016 17:45, John Smith wrote:
MrCheerful On 09/02/2016 14:15, John Smith wrote: MrCheerful Ah, Jewish, that explains everything. I'm sure that you'll want to expand on that. I don't need to, you do it with every post you make. .. and he folds. Please try to remember that this is a UK cycling group. |
Ads |
#102
|
|||
|
|||
Brutal driver walks
On Tue, 9 Feb 2016 07:50:31 -0800 (PST), Tom Crispin
wrote: If the CPS have taken the correct legal decision not to further pursue the matter, then there is something wrong with the law. Why? There is no evidence that this was anything more than an unfortunate accident possibly caused by the driver being distracted. Despite the lurid labels the video shows nothing more than that. Crucially it does not show intent (as the video of a driver swerving into the path of oncoming cyclists did) but a vehicle remaining on track and hitting the cyclist without showing any obvious intent to do so. The CPS had all the evidence (which we do not) and decided that it was insufficient to give any reasonable prospect of a conviction for even careless much less dangerous driving. They also decided that the chances of a conviction for the lesser charges of leaving the scene and failing to report were unsustainable because they couldn't prove who of the two possible drivers was driving at the time (and we don't know whether that was because they each blamed each other or because they remained silent or whatever). Now arguably this was little different and less serious than the incident I mentioned earlier where many members of a cycle club knew perfectly well which of their members had committed a wholly unprovoked and quite deliberate assault on a pedestrian while out riding with them but all refused to identify him. I saw no outcry for the law to be changed then. RTA s172 is already dangerous law, it introduces a presumption of guilt (without the need for evidence), removes the right of silence and requires the accused to prove their innocence. How much further would you like it to spread? Should all the members of that push bike club, both guilty and innocent, have been jailed for remaining silent? The problem with calls for draconian penalties is that when they are introduced they lead not to a fall in offences but to a fall in convictions. In the past juries would rarely convict on charges of causing death by dangerous driving as a result of a momentary failure as many thought "There but for the grace of god go I". The result was people getting charged instead with much lesser and often quite inappropriate offences like careless driving. The solution was to introduce a " lesser" charge of causing death by careless driving - and conviction rates rose and more appropriate sentences were passed. The law is always a blunt weapon, if it has failed in this case to produce the result pushbikers want (and none of those squealing for change know the full details of the case) that isn't necessarily a reason to change it. Mob law is never good law. |
#103
|
|||
|
|||
Brutal driver walks
Tom Crispin wrote:
On Tuesday, February 9, 2016 at 12:22:39 PM UTC, Peter Parry wrote: The CPS obviously lack your legal expertise as it seems that at no time did they or the police attempt to charge either of the two possible offenders with anything other than leaving the scene of an accident and failing to report the accident (both maximum sentence 6 months in jail but usually a fine). This seems odd given your legal opinion that charges of conspiracy to pervert the course of justice and attempted causing GBH ( both carrying potential life sentences) have been proven beyond reasonable doubt. You obviously have access to the court report as well as there is no public evidence either was lying - they could equally well have simply declined to say anything. If the CPS have taken the correct legal decision not to further pursue the matter, then there is something wrong with the law. Strictly speaking, no. The law here is not wrong. The law as it stands allows for the prosecution of the responsible driver under s. 18 of the OAPA 1861 and of both persons named as hirers for conspiracy to pervert the course of justice - a prospect which, I am sure, would concentrate the mind of the one who wasn't driving but who is covering up for the one who was. There is no 'improvement' that you need to make to English law, to plug this 'loophole', for there is no 'loophole' here. What there is, however, is yet another manifestation of the institutionalized culture of impunity under which car drivers are allowed - sometimes literally [1] - to get away with murder when the victim is a cyclist. [1] if you'll excuse the momentary incorrect use of 'literally'... -- john smith |MA (Hons)|MPhil (Hons)|CAPES (mention très bien)|LLB (Hons) 'It never gets any easier. You just get faster' (Greg LeMond (1961 - )) |
#104
|
|||
|
|||
Brutal driver walks
Peter Parry wrote:
On Tue, 9 Feb 2016 07:50:31 -0800 (PST), Tom Crispin wrote: If the CPS have taken the correct legal decision not to further pursue the matter, then there is something wrong with the law. Why? There is no evidence that this was anything more than an unfortunate accident possibly caused by the driver being distracted. Hahaha !!!!! It is obvious from an impartial viewing of the YouTube video that the driver aimed at the cyclist. The behaviour of the two co-conspirators since the incident, in covering up for each other, only serves to demonstrate this all the more amply. -- john smith |MA (Hons)|MPhil (Hons)|CAPES (mention très bien)|LLB (Hons) 'It never gets any easier. You just get faster' (Greg LeMond (1961 - )) |
#105
|
|||
|
|||
Brutal driver walks
On Tuesday, 9 February 2016 19:34:03 UTC, John Smith wrote:
There is no 'improvement' that you need to make to English law, to plug this 'loophole', for there is no 'loophole' here. What there is, however, is yet another manifestation of the institutionalized culture of impunity under which car drivers are allowed - sometimes literally [1] - to get away with murder when the victim is a cyclist. One can be certain that had the injured party been the Chief Constable's son then the wriggling perp would have been tracked down and jailed - no problem. |
#106
|
|||
|
|||
Brutal driver walks
Alycidon
On Tuesday, 9 February 2016 19:34:03 UTC, John Smith wrote: There is no 'improvement' that you need to make to English law, to plug this 'loophole', for there is no 'loophole' here. What there is, however, is yet another manifestation of the institutionalized culture of impunity under which car drivers are allowed - sometimes literally [1] - to get away with murder when the victim is a cyclist. One can be certain that had the injured party been the Chief Constable's son then the wriggling perp would have been tracked down and jailed - no problem. Absolutely certain. What's needed is someone who has nothing to lose. And a friendly copper who'll provide the name and address of the two cowards. Then let natural justice take its course. -- john smith |MA (Hons)|MPhil (Hons)|CAPES (mention très bien)|LLB (Hons) 'It never gets any easier. You just get faster' (Greg LeMond (1961 - )) |
#107
|
|||
|
|||
Brutal driver walks
On Tue, 9 Feb 2016 22:03:05 +0000, John Smith
wrote: One can be certain that had the injured party been the Chief Constable's son then the wriggling perp would have been tracked down and jailed - no problem. Absolutely certain. Stereo conspiracy theorists - was Elvis a witness? |
#108
|
|||
|
|||
Brutal driver walks
On 09/02/2016 22:03, John Smith wrote:
Alycidon On Tuesday, 9 February 2016 19:34:03 UTC, John Smith wrote: There is no 'improvement' that you need to make to English law, to plug this 'loophole', for there is no 'loophole' here. What there is, however, is yet another manifestation of the institutionalized culture of impunity under which car drivers are allowed - sometimes literally [1] - to get away with murder when the victim is a cyclist. One can be certain that had the injured party been the Chief Constable's son then the wriggling perp would have been tracked down and jailed - no problem. Absolutely certain. What's needed is someone who has nothing to lose. And a friendly copper who'll provide the name and address of the two cowards. Then let natural justice take its course. You don't understand the meaning of (term of art) "natural justice", do you? |
#109
|
|||
|
|||
Brutal driver walks
Peter Parry wrote:
On Tue, 9 Feb 2016 22:03:05 +0000, John Smith wrote: One can be certain that had the injured party been the Chief Constable's son then the wriggling perp would have been tracked down and jailed - no problem. Absolutely certain. Stereo conspiracy theorists - was Elvis a witness? Oh, really? Really? That's all you've got, when someone suggests a politically motivated decision to prosecute or not to prosecute, is to try to shut us up with the 'conspiracy theory' canard? LOL ... and they say car drivers can't argue.. -- john smith |MA (Hons)|MPhil (Hons)|CAPES (mention très bien)|LLB (Hons) 'It never gets any easier. You just get faster' (Greg LeMond (1961 - )) |
#110
|
|||
|
|||
Brutal driver walks
On 10/02/2016 09:59, John Smith wrote:
Peter Parry wrote: On Tue, 9 Feb 2016 22:03:05 +0000, John Smith wrote: One can be certain that had the injured party been the Chief Constable's son then the wriggling perp would have been tracked down and jailed - no problem. Absolutely certain. Stereo conspiracy theorists - was Elvis a witness? Oh, really? Really? That's all you've got, when someone suggests a politically motivated decision to prosecute or not to prosecute, is to try to shut us up with the 'conspiracy theory' canard? LOL ... and they say car drivers can't argue.. Please... please... don't even THINK of shutting up with your conspiracy theories - they're too entertaining to be curtailed. It's all a plot to wipe out cyclists, isn't it? It HAS to be, shirley? |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Partner's anger as death crash driver walks free | David Hansen | UK | 32 | May 9th 10 07:46 PM |
Lorry driver who killed cyclist walks free from court with 'ludicrous' £275 fine | [email protected] | UK | 102 | July 13th 08 11:36 PM |
Lorry driver on mobile kills cyclist, walks free from court. | spindrift | UK | 0 | April 8th 08 08:42 AM |
Killer driver walks free | spindrift | UK | 0 | May 22nd 07 09:52 AM |
Brutal breach of rider's rights! | Bill C | Racing | 9 | September 16th 05 04:41 AM |