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#71
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Woman crushes neighbour's car
Tom Crispin wrote:
On Sun, 18 Jan 2009 22:25:12 -0000, "Brimstone" wrote: Tom Crispin wrote: On Sun, 18 Jan 2009 13:46:51 -0800 (PST), BrianW wrote: The evidence has to show that the defendant was grossly negligent - it's a higher standard than ordinary negligence. The CPS will decide whether there is sufficient evidence to warrant prosecution before it gets before a jury. Perhaps ordinary negligence should suffice, especially if it makes drivers take more care. Does your use of the word "drivers" include those who are driving al types of road vehicle? I would have no problem with a cyclist who killed while cycling being charged with manslaughter. Why do you think that a charge of manslaughter is preferable to the present charge which carries a greater maximum penalty? |
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#72
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Woman crushes neighbour's car
On 18 Jan, 22:14, Tom Crispin
wrote: On Sun, 18 Jan 2009 21:54:31 -0000, "Brimstone" wrote: Tom Crispin wrote: On Sun, 18 Jan 2009 20:27:56 -0000, "Brimstone" wrote: Only if the evidence showed him to be negligent. Surely that would be for a jury to decide. There has to be sufficient evidence to indicate that the offence had been committed for the prosecution authorities to even take the case to court. Like killing four people while driving with defective tyres? Have you any evidence that the tyres which you allege were defective were directly responsible for causing these deaths that you refer to? Indirectly responsible will do. �The vehicle should not have been on the road.- That's a novel approach to the legal issue of causation. Do you have any legal authorities to back that up? Or did you just pluck it out of your anus? |
#73
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Woman crushes neighbour's car
Tom Crispin wrote:
Please don't stop posting your diatribe. It always raises a smile on my face when you manage to get so much wrong. Perhaps now you understand the amusement that you provide for others. |
#75
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Woman crushes neighbour's car
On 18 Jan, 22:24, "Brimstone" wrote:
Tom Crispin wrote: On Sun, 18 Jan 2009 21:54:31 -0000, "Brimstone" wrote: Tom Crispin wrote: On Sun, 18 Jan 2009 20:27:56 -0000, "Brimstone" wrote: Only if the evidence showed him to be negligent. Surely that would be for a jury to decide. There has to be sufficient evidence to indicate that the offence had been committed for the prosecution authorities to even take the case to court. Like killing four people while driving with defective tyres? Have you any evidence that the tyres which you allege were defective were directly responsible for causing these deaths that you refer to? Indirectly responsible will do. Not in a court of law it won't. �The vehicle should not have been on the road. That's beside the point. The fact is that it was. Now, answer the question, "Have you any evidence that the tyres which you allege were defective were directly responsible for causing these deaths that you refer to?"- I do believe that Mr Crispin is a sock puppet of Gollum, AICMFP. |
#76
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Woman crushes neighbour's car
On Sun, 18 Jan 2009 22:50:06 +0000, Tom Crispin
wrote: On 18 Jan 2009 22:22:40 GMT, Adrian wrote: Tom Crispin gurgled happily, sounding much like they were saying: There are decisions before a case goes to court, you can not take every accident to court. It would be trivial to prosecute for manslaughter or murder every fatal killing where a motorist has killed an innocent party. Indeed it would. It would also be utterly counter-productive, since the prosecutions would undoubtedly be thrown out of court - with the side-effect that the driver couldn't be then prosecuted for a different offence which there would be a good chance of securing a conviction on. With such sparkling insight, are you sure you're not a legal professional? I have never claimed to be in the legal profession - but I do have a sense of right and wrong. Take this case. ========== A restaurant owner who admitted causing the death of a cyclist in Greenwich Park by dangerous driving was fined £2,500 and banned from driving for five years at Woolwich Crown Court on Wednesday. Ah yes - that case - you were very unhappy about it. Am I right in saying that you published the names and addresses of the restaurants which you thought the defendant owned? At the time it was said that it was to encourage vigilantes to take their own action as you didn't think the punishment was appropriate. judith -- Compulsory helmet wearing is a 'safety measure' whose costs fall entirely on the cyclist; no government is spending required. It is an attractive quick fix. Guy Chapman |
#77
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Woman crushes neighbour's car
wrote in message
... Compulsory helmet wearing is a 'safety measure' whose costs fall entirely on the cyclist; no government is spending required. It is an attractive quick fix. All right, how about this for a policy: "If you take all reasonable precautions for your safety by wearing a seatbelt or a helmet, whichever is relevant, the State will be responsible for trying to save your life. If, on the other hand, you choose not to wear a seat belt or helmet, the State will be entitled to wash its hands of you." |
#78
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Woman crushes neighbour's car
On Sun, 18 Jan 2009 23:46:59 -0000, "Mortimer" wrote:
wrote in message .. . Compulsory helmet wearing is a 'safety measure' whose costs fall entirely on the cyclist; no government is spending required. It is an attractive quick fix. All right, how about this for a policy: "If you take all reasonable precautions for your safety by wearing a seatbelt or a helmet, whichever is relevant, the State will be responsible for trying to save your life. If, on the other hand, you choose not to wear a seat belt or helmet, the State will be entitled to wash its hands of you." Ambulance turns up at accident - cyclist lying on floor - no helmet - leave him there - serves him right. Excellent - go with it. |
#79
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Woman crushes neighbour's car
On Jan 18, 11:57*pm, ziggy wrote:
On Sun, 18 Jan 2009 23:46:59 -0000, "Mortimer" wrote: wrote in message .. . Compulsory helmet wearing is a 'safety measure' whose costs fall entirely on the cyclist; no government is spending required. It is an attractive quick fix. All right, how about this for a policy: "If you take all reasonable precautions for your safety by wearing a seatbelt or a helmet, whichever is relevant, the State will be responsible for trying to save your life. If, on the other hand, you choose not to wear a seat belt or helmet, the State will be entitled to wash its hands of you." Ambulance turns up at accident - cyclist lying on floor *- no helmet - leave him there - serves him right. Excellent - go with it. Why stop there? Fire crew turn up, driver is in burning car but not wearing Nomex suit, fire crew stands back and toasts marshmallows on his corpse. |
#80
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Woman crushes neighbour's car
On Sun, 18 Jan 2009 15:14:33 -0800 (PST), BrianW
wrote: On 18 Jan, 22:18, Tom Crispin wrote: On Sun, 18 Jan 2009 13:46:51 -0800 (PST), BrianW wrote: The evidence has to show that the defendant was grossly negligent - it's a higher standard than ordinary negligence. ?The CPS will decide whether there is sufficient evidence to warrant prosecution before it gets before a jury. Perhaps ordinary negligence should suffice, especially if it makes drivers take more care. Really? So you'd be in favour of applying the civil law definition of negligence (failure to take reasonable care towards a person to whom you owe a duty of care) to all killings. Gosh, the jails will fill up rather quickly. Or perhaps you are only in favour of such a move in respect of killer drivers? If so, I offer you "causing death by dangerous driving" and "causing death by careless driving". Are you another of these people, like Doug, who likes to criticise things without bothering to find out anything about it? It would seem so ... A man who shot and killed his son was charged with manslaughter. http://www.telegraph.co.uk/news/1494...-fox-hunt.html Why should killing with a car be treated differently from killing with a gun? |
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