What action??
Author
Discussion

me2

Original Poster:

188 posts

273 months

Tuesday 9th January 2007
quotequote all
What action would you expect the police to take against a driver who deliberately ran someone down, [on private property] victim taken to hospital, nothing broken, only bruising, but a few days later feels like he has been in a washing machine???

toni896

2,188 posts

256 months

Tuesday 9th January 2007
quotequote all
attempted murder !

mg6b

6,649 posts

293 months

Tuesday 9th January 2007
quotequote all
Attempted GBH. Depending on the circumstances it could even be attempted murder regardless of the outcome of the injuries or the absence of any injury at all.

After much perusal by the CPS, I expect if charges are brought, they will be as watered down as much as possible in anticipation of a guilty plea!

Assault/battery offences do not have to occur on a road or public place because a motor vehicle was the preferred weapon of choice.

toni896

2,188 posts

256 months

Tuesday 9th January 2007
quotequote all
mg6b said:
Attempted GBH.


shirly it must be attempted murder/manslaughter, assuming it wasn't a prank gone wrong.
Why GBH ? If your driving a car at someone you dont intend to tickle and have a higher chance of killing than using a blunt weapon(bat etc .. )

Dwight VanDriver

6,583 posts

274 months

Tuesday 9th January 2007
quotequote all
Ignore GBH. AOABH. common assault, Road Traffic Act arguements on public place etc., way back in 1861 they must have been plagued with such behaviour for they created this offence.

Section 35 Offences Against the Persons Act:

Whosoever having charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsover shall be guilty of an offence.

(Take him down for 2 years)

dvd

AndyAudi

4,017 posts

252 months

Tuesday 9th January 2007
quotequote all
toni896 said:
mg6b said:
Attempted GBH.


shirly it must be attempted murder/manslaughter, assuming it wasn't a prank gone wrong.
Why GBH ? If your driving a car at someone you dont intend to tickle and have a higher chance of killing than using a blunt weapon(bat etc .. )


I had an aquaintance(who I haven't seen in years) who was charged for this about 5yrs ago in NE Scotland, can't remember what he was convicted off but definately lost his license for a long time. (There was a rumour that it was attempted manslaughter which I thought at the time could be no such charge thinking simplisticly "trying to not mean to kill someone" I think he was limited to motoring offences after an initial attempted murder (he was drunk at the time) as the actual impact was caused by "a passenger" opening his door on the "unfortunate". There were witness who had seen him arguing/fighting with the "unfortunate" prior to the incident so it wasn't treated as a hit & run.

Away to trail the internet to see If I can find his story!

me2

Original Poster:

188 posts

273 months

Tuesday 9th January 2007
quotequote all
Dwight VanDriver said:
Ignore GBH. AOABH. common assault, Road Traffic Act arguements on public place etc., way back in 1861 they must have been plagued with such behaviour for they created this offence.

Section 35 Offences Against the Persons Act:

Whosoever having charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsover shall be guilty of an offence.

(Take him down for 2 years)



dvd



So Dwight, what would the charge be?


Edited by me2 on Tuesday 9th January 18:00



Edited by me2 on Tuesday 9th January 18:01