A man has been jailed for ramming a motorcyclist
Discussion
ingenieur said:
Trevor555 said:
ingenieur said:
Murder usually has an element of pre-planning and so does attempted-murder as it's the same except unsuccessful execution of the plan.
How long does it need to be pre planned though?I'd say in this case, whatever was the initial cause of this disagreement, it was from this point the driver seemed determined to try and cause death to this motorcyclist.
How does the law define pre planned?
Days?
Hours?
Minutes?
Genuine question.
ingenieur said:
I think the people outraged by the fact he didn't get a longer sentence aren't seeing the proportionality. It has to be quantified and they have to figure out a way of measuring it to be able to determine the right punishment. A most serious case would have to involve a fatality somewhere within the incident.
Murder usually has an element of pre-planning and so does attempted-murder as it's the same except unsuccessful execution of the plan.
The motorcyclists injuries were described as serious but legally speaking that is anything which requires medical attention. So whilst his injuries were serious that is a step below 'life changing' which is how they describe a permanent injury which you'll never fully recover from.
So they probably got the sentence just about right when you apply all the right balances.
I disagree with serving part terms though. It shouldn't work like that. Judges should expect a sentence given to be the sentence served and not have to try to figure out if a longer term is required to compensate for people serving short sentences. Neither should the pubic be required to accept that any sentence given will be halved in any case as it seems unjust to only serve part of your punishment.
Heard this on the wireless yesterday, similar scenario, attempted murder charge. No injuries to the police officer as well. I do wonder if he was initially getting done for attempted murder but accepted a lesser charge on a guilty plea.Murder usually has an element of pre-planning and so does attempted-murder as it's the same except unsuccessful execution of the plan.
The motorcyclists injuries were described as serious but legally speaking that is anything which requires medical attention. So whilst his injuries were serious that is a step below 'life changing' which is how they describe a permanent injury which you'll never fully recover from.
So they probably got the sentence just about right when you apply all the right balances.
I disagree with serving part terms though. It shouldn't work like that. Judges should expect a sentence given to be the sentence served and not have to try to figure out if a longer term is required to compensate for people serving short sentences. Neither should the pubic be required to accept that any sentence given will be halved in any case as it seems unjust to only serve part of your punishment.
https://www.thescottishsun.co.uk/news/12317226/inv...
Bazsm said:
That is a scary video, if the driver can do something like that you have to wonder about his lack of self control as that’s not just road rage. A permanent driving ban would seem more appropriate for all road users safety!
I wonder about people like that too, probably just a temper away from sexual assult or worse, or knife attack etc. As a cyclist rather than motorcyclist, the big issue is the refusal to accept the idea that a car is the most lethal weapon an average person has access to by several orders of magnitude.
While the sentencing is IMHO short, the bigger issue is how easily they get access to a car again. Even if we want to allow rehabilitation so not banning for life, there are a lot more restrictions we should be doing.
Where is the mandatory court ordered anger management;
Why doesn't a psychologist have to sign off on anger management before they are allowed to try and drive again.
Where is the ongoing monitoring of the driving (black box, periodic retraining).
Where are restrictions on vehicle (lighter/smaller/slower still handles most needs with far lower risk to others)
Restrictions on type of driving (milage, time of day, no commercial driving etc)
While the sentencing is IMHO short, the bigger issue is how easily they get access to a car again. Even if we want to allow rehabilitation so not banning for life, there are a lot more restrictions we should be doing.
Where is the mandatory court ordered anger management;
Why doesn't a psychologist have to sign off on anger management before they are allowed to try and drive again.
Where is the ongoing monitoring of the driving (black box, periodic retraining).
Where are restrictions on vehicle (lighter/smaller/slower still handles most needs with far lower risk to others)
Restrictions on type of driving (milage, time of day, no commercial driving etc)
qwerty360 said:
As a cyclist rather than motorcyclist, the big issue is the refusal to accept the idea that a car is the most lethal weapon an average person has access to by several orders of magnitude.
While the sentencing is IMHO short, the bigger issue is how easily they get access to a car again. Even if we want to allow rehabilitation so not banning for life, there are a lot more restrictions we should be doing.
Where is the mandatory court ordered anger management;
Why doesn't a psychologist have to sign off on anger management before they are allowed to try and drive again.
Where is the ongoing monitoring of the driving (black box, periodic retraining).
Where are restrictions on vehicle (lighter/smaller/slower still handles most needs with far lower risk to others)
Restrictions on type of driving (milage, time of day, no commercial driving etc)
I would have thought even getting insurance would be a problem .While the sentencing is IMHO short, the bigger issue is how easily they get access to a car again. Even if we want to allow rehabilitation so not banning for life, there are a lot more restrictions we should be doing.
Where is the mandatory court ordered anger management;
Why doesn't a psychologist have to sign off on anger management before they are allowed to try and drive again.
Where is the ongoing monitoring of the driving (black box, periodic retraining).
Where are restrictions on vehicle (lighter/smaller/slower still handles most needs with far lower risk to others)
Restrictions on type of driving (milage, time of day, no commercial driving etc)
Donbot said:
I'm not looking to victim blame but I do wonder what went on before this went down. Apparently a non-verbal exchange. So giving him the finger or something.
Nutters like this is the reason you really don't want to fk around on the road. Especially on two wheels.
I've given a driver a wker signal when I've been cut up etc before. Does that mean he can attempt to cause me serious injuries?Nutters like this is the reason you really don't want to fk around on the road. Especially on two wheels.
Hugo Stiglitz said:
I've given a driver a wker signal when I've been cut up etc before. Does that mean he can attempt to cause me serious injuries?
Absolutely not.I would question gesticulating to anybody under any circumstances. It's simply not worth finding out if the other party is a wrong un or not. What does it prove anyway?
Hugo Stiglitz said:
Donbot said:
I'm not looking to victim blame but I do wonder what went on before this went down. Apparently a non-verbal exchange. So giving him the finger or something.
Nutters like this is the reason you really don't want to fk around on the road. Especially on two wheels.
I've given a driver a wker signal when I've been cut up etc before. Does that mean he can attempt to cause me serious injuries?Nutters like this is the reason you really don't want to fk around on the road. Especially on two wheels.
Rider is on Twitter and has talked about this and his injuries, still suffering to this day.
https://x.com/jamieelfburns/status/176969451745463...
https://x.com/jamieelfburns/status/176969451745463...
Four years is the maximum for causing serious injury by dangerous driving for the injuries sustained, but he was also found guilty of causing GBH with intent and, from the guidlines, it looks like a similar maximum for the situation. Slightly over the minimum tarrif for each seems pretty lenient.
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