Asylum seeker gets 2 months for running over boy
Discussion
Did anyone see the news yesterday.
This story disgusts me, and I wonder what the posting BiB's think.
What happened, was a 12 year old boy was run over and killed by an Illegal Asylum seeker, who had outstayed his entitlement to be in the country. He was from Zimbabwe incidentally. The man got into a car, having drunk A WHOLE BOTTLE OF WHISKY,and lost control and hit the boy who died later. The man had no driving licence, no insurance/tax/mot, and despite ALL THIS. he was sentenced to TWO MONTHS inside. WTF is wrong with the magistrates in this country now?
As we all know, you are more likely to get sent down for longer for excessive speed. I seem to remember last year that 2 bikers were sent down for 3 months for getting caught by a Gatso, for doing 157mph. Can't condone this kind of speed, but why the harsher sentence? Cant help but think that the mags. thought "Oh we had better be careful what sentence we give him, otherwise he will have us before the European Court of Human Rights" Sorry guys n gals but this is how I feel now. Comments please
This story disgusts me, and I wonder what the posting BiB's think.
What happened, was a 12 year old boy was run over and killed by an Illegal Asylum seeker, who had outstayed his entitlement to be in the country. He was from Zimbabwe incidentally. The man got into a car, having drunk A WHOLE BOTTLE OF WHISKY,and lost control and hit the boy who died later. The man had no driving licence, no insurance/tax/mot, and despite ALL THIS. he was sentenced to TWO MONTHS inside. WTF is wrong with the magistrates in this country now?
As we all know, you are more likely to get sent down for longer for excessive speed. I seem to remember last year that 2 bikers were sent down for 3 months for getting caught by a Gatso, for doing 157mph. Can't condone this kind of speed, but why the harsher sentence? Cant help but think that the mags. thought "Oh we had better be careful what sentence we give him, otherwise he will have us before the European Court of Human Rights" Sorry guys n gals but this is how I feel now. Comments please
Hollywood Wheels said:
I think there's already a post on this. Welcome to the great British Justice system. People campaigned for the HRA, civil liberties etc. This is the result. No wonder most BiB including myself are totally demoralised.
I seem to remember some local cases where DBDD cases got more like 12+ months - got slated for light sentencing - and those were crap driving, but they weren't drunk.
Also one local lad who was ASD here got 12 months inside for vandalising a camera .... pitiful.
IIRC there was not enough evidence to do him for Death by dangerous driving and he was sentenced for a lesser charge. The judge can only punish him for what he is convicted of.
FWIW I think the whole case is disgusting too, and considering the man had already had his application to stay in the country turned down, should not have been in the country to commit this horrible crime in the first place.
I have every sympathy for the poor parents who have had thier life ruined by a thoughtless man.
Cheers,
Steve
FWIW I think the whole case is disgusting too, and considering the man had already had his application to stay in the country turned down, should not have been in the country to commit this horrible crime in the first place.
I have every sympathy for the poor parents who have had thier life ruined by a thoughtless man.
Cheers,
Steve
Fat Audi 80 said:
IIRC there was not enough evidence to do him for Death by dangerous driving and he was sentenced for a lesser charge. The judge can only punish him for what he is convicted of.
FWIW I think the whole case is disgusting too, and considering the man had already had his application to stay in the country turned down, should not have been in the country to commit this horrible crime in the first place.
I have every sympathy for the poor parents who have had thier life ruined by a thoughtless man.
Cheers,
Steve
I think the asylum seeker part of it is irrelevant TBH.
Perhaps a BiB could comment on this, but wouldn't him being smashed be "dangerous" in itself ?
Davel said:
So, just to recount:
No licence!
No Insurance
No tax
and pissed as a fart
- and not considered to be a dangerous driver?
Says it all really.....
This guy has had his asylum application denied 4 times and now he is to appeal again whilst in prison - he'll probably get it granted now so as not to discriminate or violate his human rights.
What a worthy contribution to our society he will make
Hollywood Wheels said:
I think there's already a post on this. Welcome to the great British Justice system. People campaigned for the HRA, civil liberties etc. This is the result. No wonder most BiB including myself are totally demoralised.
But it seems the HRA is only used to defend scumbags, whereas decent peoples rights are overidden for the good (profit) of the community. Referring particularly to the inconsistency of the right not to self-incriminate here with regard to NIP's when scrotes can use this defence for serious crime (obviously speeding is more serious than murder etc.)
New Labour - Tough on crime
catso said:
I think there's already a post on this. Welcome to the great British Justice system. People campaigned for the HRA, civil liberties etc. This is the result. No wonder most BiB including myself are totally demoralised.
But it seems the HRA is only used to defend scumbags, whereas decent peoples rights are overidden for the good (profit) of the community. Referring particularly to the inconsistency of the right not to self-incriminate here with regard to NIP's when scrotes can use this defence for serious crime (obviously speeding is more serious than murder etc.)
New Labour - Tough on crime
New Labour - Tough on Speeding, tough on getting money generated by Speeding. Sod the rest.
You see this all the time now, bigger sentences for fraud, tax evasion, not huge amounts either and constantly decreasing sentences for child deaths and abuse.
The left wing control freaks constantly go on about parental chastisment yet totally ignore serious abuse and cases such as this.
Makes you wonder how long it will be, before speeding is seen as a bigger crime than sexually, violently abusing children.
The world is going totally mad, communists will destroy this country eventually.
Mick
The left wing control freaks constantly go on about parental chastisment yet totally ignore serious abuse and cases such as this.
Makes you wonder how long it will be, before speeding is seen as a bigger crime than sexually, violently abusing children.
The world is going totally mad, communists will destroy this country eventually.
Mick
Just as an endpoint, maybe, there is in today's local paper a story about a bloke who got 12 years for GBH (ABH?) not sure ; anyhow he whacked this fellow with a heavy object.
The bloke who was hit was seriously injured, and will have lasting effects, but he's not dead.
I cannot comprehend how this sentence (some murderers get less than this !) fits with the Drunk Driver !
The bloke who was hit was seriously injured, and will have lasting effects, but he's not dead.
I cannot comprehend how this sentence (some murderers get less than this !) fits with the Drunk Driver !
It is appaling but not uncommon now. If you read the Southampton newspaper every day the court proceeding are full of immigrants, wether legal or not, driving without licence ins etc and they get fined, and who pays, bingo we do because they have job, do they get deported no becuase there is a whole army of people protecting them but none us. It really pisses me off when they get paltrey fines yet a guy I know got fined almost £1k for speeding as he was wealthy. Justice don't make me laugh.
Davel said:
So, just to recount:
No licence!
No Insurance
No tax
and pissed as a fart
- and not considered to be a dangerous driver?
Says it all really.....
This taken from a newsgroup at work, so I can't take credit for it. It does however put a slightly different slant on things...
The real story said:
I was talking about this case with a friends daughter who is studying law at the moment. It was a topic for one of their tutorial discussion groups. It is a good example of how the public fury and the press together come up with their own interpretation of law and order and punishment.
One of the tabloids had the headline
Drunk illegal immigrant driver kills 12 year old...
From this we might think that he was an illegal mmigrant, in fact he was not, he was a legal immigrant whose work permit and visa had expired and he was appealing. He was in a suspension situation with a temporary residence visa until he was either refused a visa extension or granted one.
The newspaper claimed that it was not saying that he was an illegal immigrant but an illegal driver - unfortunate way to phrase it as that ambiguity has immediately got the publics racist hackles up. Funny only tabloids make that sort of mistake time and time again.
Anyway, he was an immigrant, and drunk, and he killed a kid, and he was an illegal driver having no UK drivers license or insurance. These things put together demand would justify torture, live disembowelling and public quartering according to the public.
But as the law looks at it neither the missing insurance or the valid UK drivers license are part of the accident. They are driving offenses punishable in their own right. The insurance one attracting fine and endorsement the license the same. The driver had a Zambian license that would be acceptable in this country and he could use it if he had a visa.
So the license and insurance are nothing to do with the accident.
Now the accident.
The child ran out in front of a car, that car swerved and hit the Zambians car causing it to swerve and hit the child killing the child. The sort of accident that could happen to any of us.
However the previous night the Zambian had drunk alcohol; he had drunk enough to leave him with too much alcohol in his blood to drive within the limit.
So this is a real offense.
They tried to prosecute him for careless driving whilst under the influence, a crime that would attract a lengthy jail sentence.
However as the drinking was from the night before it was difficult to prove a malicious intent to drive whilst under the influence. He was over the limit but not through intent but through negligence of understanding the alcohol levels in the blood and their dissipation and overnight lingering affect.
So he was under the influence but not through deliberate malice but negligence.
Also he did not lose control of the car, he fought to avoid the collision (so witnesses say). The other car that was in the collision was never identified along with its driver.
So the court heard how the lad ran out to almost certain death, but one car manged to avoid him causing a second car (the one driven by the Zambian) to collide with him (fatally).
It is arguable that the alcohol could have influenced his driving such that he might have been able to avoid the collision, but witnesses say otherwise. It is almost incidental that he was under the influence.
However the law is the law and so the only crime that he can be charged with (relating to the accident) is that he was involved in an accident, in which there was loss of life, whilst unders the influence, with no obvious malicioous intent.
The maximum for this is two months (apparently).
If he was not under the influence then there would have been no custodial sentence and no fine for the crash and the death (he would have been seen as a victim of the child and other drivers actions).
So it is irrelevant that he was from another country and irrelevant that he had improper paperwork. But it is relevant that he was the victim of a car accident whilst under the influence, as that is not allowed as it makes it hard to identify whether he contributed to the crash or not. So the default is that he bears some responsiblitiy and he is imprisioned (and banned). Had he been sober then he would only have been done for the paperwork and could have claimed compensation for the trauma of the crash for which he would have been an innocent participant.
But the family do not want to hear that their son may probably brought about his own death through his own negligence (and I can sympathise with that). Far better to catstigate the drunken illegal immigrant and shout bring back hanging.
>> Edited by deckster on Wednesday 9th March 21:49
>> Edited by deckster on Wednesday 9th March 21:52
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