Discussion
motorbiker said:
it is not on the road it is down the hill, it is about 3 to 4 metres long, beleave me it will not happen again at this site.
Does this mean that no vehicle could go between the crash barrier and the pile of rubble, along a bit further and then down onto the railway?
I hope so!
kevinday said:
motorbiker said:
it is not on the road it is down the hill, it is about 3 to 4 metres long, beleave me it will not happen again at this site.
Does this mean that no vehicle could go between the crash barrier and the pile of rubble, along a bit further and then down onto the railway?
I hope so!
I suspect this pile of rubble was left by the clean up operation after the accident.
My cynical head would of course say it is an unofficial attempt to stop a vehicle getting on to the track, because an official replacement of the correct crash barrier would amount to an admission of liability and leave the path open to litigation.
I wonder if it's occurred to them that the road runs both ways and the other direction is exactly the same.
The key thing for me is that we either prosecute the offence or we prosecute the implications of the offence.
Example: You punch a gobshite and he falls and bangs his head. He dies. Do you get prosecuted for the punch or the death?
Did you set out to kill him or just shut him up?
Does it matter?
With regard to Hart's case, could you reasonably expect to cause the death of 10 people after leaving the road? I don't think so.
I think this is a dangerous precedicent for the CJS and I take my hat off to people like IOLAIRE who, like me, seems to believe in the concept of natural justice. That is my 2p and I won't contribute further to this thread.
Example: You punch a gobshite and he falls and bangs his head. He dies. Do you get prosecuted for the punch or the death?
Did you set out to kill him or just shut him up?
Does it matter?
With regard to Hart's case, could you reasonably expect to cause the death of 10 people after leaving the road? I don't think so.
I think this is a dangerous precedicent for the CJS and I take my hat off to people like IOLAIRE who, like me, seems to believe in the concept of natural justice. That is my 2p and I won't contribute further to this thread.
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