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#131
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Woman crushes neighbour's car
On 20 Jan, 23:54, Phil W Lee phil(at)lee-family(dot)me(dot)uk wrote:
Brian Whitehead considered Mon, 19 Jan 2009 14:53:48 -0800 (PST) the perfect time to write: On 19 Jan, 19:13, "jsabine" wrote: Brimstone wrote: You're quite right Doug, the "playing field" is decidedly not level. Offending motorists get punished more severely that do people convicted of manslaughter. A moment with Google suggests you're quite, quite wrong. http://www.publications.parliament.u.../vo060720/text /60720w1849.htm - a written answer in 2006 - has a table showing that custodial sentences for manslaughter between 1996-2004 averaged around 60 months. http://www.rospa.com/RoadSafety/cons...gerous_driving .pdf - ROSPA's input to the sentencing advisory panel in 2007 - says, inter alia: "Sentencing statistics show that average sentence lengths for the offence of causing death by careless driving when under the influence of drink or drugs have altered very little in the years 1999-2005, remaining close to an average of 42 months. However, average sentence levels for causing death by dangerous driving have shown a gradual increase, from 35 months in 1999 to 44 months in 2004." Since 2004, the maximum sentence for causing death by DD has been increased from 10 to 14 years, and the Court of Appeal has mandated an increase in all sentences for the offence: http://www.bailii.org/ew/cases/EWCA/Crim/2006/3186.html I wouldn't be surprised if, when up to date stats become available, that the average sentence for causing death by DD is the same, give or take a month or two, as that for manslaughter. I would be very surprised, if you include all the cases that could have been prosecuted, but weren't - meaning a weighting of 0 months for each case.- In which case you'd have to do the same for deaths that could have been prosecuted as manslaughter but weren't. Of which there are probably a tad more ... |
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#132
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Woman crushes neighbour's car
On 21 Jan, 12:22, Phil W Lee phil(at)lee-family(dot)me(dot)uk wrote:
BrianW considered Wed, 21 Jan 2009 00:40:10 -0800 (PST) the perfect time to write: On 20 Jan, 23:54, Phil W Lee phil(at)lee-family(dot)me(dot)uk wrote: Brian Whitehead considered Mon, 19 Jan 2009 14:53:48 -0800 (PST) the perfect time to write: On 19 Jan, 19:13, "jsabine" wrote: Brimstone wrote: You're quite right Doug, the "playing field" is decidedly not level. Offending motorists get punished more severely that do people convicted of manslaughter. A moment with Google suggests you're quite, quite wrong. http://www.publications.parliament.u.../vo060720/text /60720w1849.htm - a written answer in 2006 - has a table showing that custodial sentences for manslaughter between 1996-2004 averaged around 60 months. http://www.rospa.com/RoadSafety/cons...gerous_driving .pdf - ROSPA's input to the sentencing advisory panel in 2007 - says, inter alia: "Sentencing statistics show that average sentence lengths for the offence of causing death by careless driving when under the influence of drink or drugs have altered very little in the years 1999-2005, remaining close to an average of 42 months. However, average sentence levels for causing death by dangerous driving have shown a gradual increase, from 35 months in 1999 to 44 months in 2004." Since 2004, the maximum sentence for causing death by DD has been increased from 10 to 14 years, and the Court of Appeal has mandated an increase in all sentences for the offence: http://www.bailii.org/ew/cases/EWCA/Crim/2006/3186.html I wouldn't be surprised if, when up to date stats become available, that the average sentence for causing death by DD is the same, give or take a month or two, as that for manslaughter. I would be very surprised, if you include all the cases that could have been prosecuted, but weren't - meaning a weighting of 0 months for each case.- In which case you'd have to do the same for deaths that could have been prosecuted as manslaughter but weren't. *Of which there are probably a tad more ... Only by virtue of the fact that a large proportion of road deaths could technically qualify to be tried as manslaughter instead. If you exclude all road deaths from potential manslaughter charges, I'd be very surprised if the number of potential mansaughter cases amounted to even a small fraction of the number of road death cases, or do potential manslaughter cases run into the thousands per year?- Deaths in which negligence of one form or another may have played a part? I should think so, yes. |
#133
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Woman crushes neighbour's car
On Tue, 20 Jan 2009 23:54:59 +0000, Phil W Lee
phil(at)lee-family(dot)me(dot)uk wrote: Adrian considered 19 Jan 2009 13:54:25 GMT the perfect time to write: Phil W Lee phil(at)lee-family(dot)me(dot)uk gurgled happily, sounding much like they were saying: Clearly he was driving dangerously He was almost certainly driving carelessly. "Dangerous", in the legal context, has a very specific requirement - a need to prove beyond reasonable doubt that the defendent was driving "in a manner which falls FAR below that of a competent driver and driving in such a way that it would be obvious to a competent driver that there is a serious risk of personal injury or serious damage to property." If ploughing off the road through a group of cyclists doesn't constitute proof that his driving fell "FAR below that of a competent driver" and posed a "serious risk of personal injury" it's hard to imagine ANY proof that would be acceptable. So - you have never heard of anyone hitting black-ice and skidding off the road - irrespective of how careful they were driving? -- If you find 2 abreast cyclists more obstructive than single file ones, you must have been intending to pass dangerously close anyway. (Anchor Lee) |
#134
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Woman crushes neighbour's car
On Tue, 20 Jan 2009 23:54:59 +0000, Phil W Lee
phil(at)lee-family(dot)me(dot)uk wrote: snip But how many cars were in the hedges along that length of road? There is a world of difference between "having a problem with that bit of road" and bouncing off the surrounding countryside and other road users in order to stay on it. You must have missed the bit where other motorists had had similar problems and reported the conditions of the road to the police. -- If you find 2 abreast cyclists more obstructive than single file ones, you must have been intending to pass dangerously close anyway. (Anchor Lee) |
#135
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Woman crushes neighbour's car
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