Man buys speedboat “to pull women”......
Discussion
lyndhurst25 said:
I wonder what the outcome would have been if the bloke had been killed, and the women in control of the boat at the time of the accident had survived? Would she have been similarly charged?
The way I see it - he's the 'skipper' of the vessel and responsible for his passengers - so doing something risky (fast, nighttime) means he's on the hook for anything bad which could conceivably have been avoided.Yes it's a tatty boat on an inland river, but he's still the one in charge
fblm said:
Regardless of the guy being a bit of a dick, I'm really struggling to see how it's manslaughter and not just a tragic drunken accident. st happens and with hindsight almost all accidents are easily avoidable that doesn't make them manslaughter.
Took an inexperienced drunk 'sailor' out on a boat.Whilst drunk
In the dark
On a fast-flowing tidal river
With submerged obstructions
In winter
Without protective equipment
Let that inexperienced 'sailor' control the boat in the above conditions
Then.....
Failed to rescue the victim
It might well have been an accident as it was likely to have been unintentional. But you can't argue that he wasn't negligent.
oyster said:
Took an inexperienced drunk 'sailor' out on a boat.
Whilst drunk
In the dark
On a fast-flowing tidal river
With submerged obstructions
In winter
Without protective equipment
Let that inexperienced 'sailor' control the boat in the above conditions
Then.....
Failed to rescue the victim
It might well have been an accident as it was likely to have been unintentional. But you can't argue that he wasn't negligent.
Had he turned up to court, been very very sorry, not had 2 previous 'ticking's off' from the river police, helped the victim on the night of the crash and generally appeared a decent bloke he probably wouldn't have had any custodial sentence at all. Whilst drunk
In the dark
On a fast-flowing tidal river
With submerged obstructions
In winter
Without protective equipment
Let that inexperienced 'sailor' control the boat in the above conditions
Then.....
Failed to rescue the victim
It might well have been an accident as it was likely to have been unintentional. But you can't argue that he wasn't negligent.
The fact he jumped bail, has shown no remorse, and also come across like a dick is probably as much a factor in his sentence as anything wrong with the boat.
oyster said:
Took an inexperienced drunk 'sailor' out on a boat.
Whilst drunk
In the dark
On a fast-flowing tidal river
With submerged obstructions
In winter
Without protective equipment
Let that inexperienced 'sailor' control the boat in the above conditions
Then.....
Failed to rescue the victim
It might well have been an accident as it was likely to have been unintentional. But you can't argue that he wasn't negligent.
Indeed:Whilst drunk
In the dark
On a fast-flowing tidal river
With submerged obstructions
In winter
Without protective equipment
Let that inexperienced 'sailor' control the boat in the above conditions
Then.....
Failed to rescue the victim
It might well have been an accident as it was likely to have been unintentional. But you can't argue that he wasn't negligent.
The test for manslaughter by gross negligence involves the following stages:
a) the existence of a duty of care to the deceased;
b) a breach of that duty of care which;
c) causes (or significantly contributes) to the death of the victim; and
d) the breach should be characterised as gross negligence, and therefore a crime.
oyster said:
fblm said:
Regardless of the guy being a bit of a dick, I'm really struggling to see how it's manslaughter and not just a tragic drunken accident. st happens and with hindsight almost all accidents are easily avoidable that doesn't make them manslaughter.
Took an inexperienced drunk 'sailor' out on a boat.Whilst drunk
In the dark
On a fast-flowing tidal river
With submerged obstructions
In winter
Without protective equipment
Let that inexperienced 'sailor' control the boat in the above conditions
Then.....
Failed to rescue the victim
It might well have been an accident as it was likely to have been unintentional. But you can't argue that he wasn't negligent.
I was just catching up on my copy of Saturday's Grauniad over lunch and this caught my eye.....
https://www.theguardian.com/uk-news/2018/jul/27/ma...
"The court heard how Shepherd got married shortly after the incident and has a two-year-old child. The marriage has since broken down."
The incident happend in December 2015. If today he has a 2yo kid, they must have been born in at least July 2016.
Thus their mother would have been pregnant with the kid in at least November 2015 i.e. before the incident, when he was spinning up and down the Thames pissed with random girls from dating sites.
He strikes me as a bit of a dick. Actually, make that a lot of a dick.
https://www.theguardian.com/uk-news/2018/jul/27/ma...
"The court heard how Shepherd got married shortly after the incident and has a two-year-old child. The marriage has since broken down."
The incident happend in December 2015. If today he has a 2yo kid, they must have been born in at least July 2016.
Thus their mother would have been pregnant with the kid in at least November 2015 i.e. before the incident, when he was spinning up and down the Thames pissed with random girls from dating sites.
He strikes me as a bit of a dick. Actually, make that a lot of a dick.
oyster said:
Took an inexperienced drunk 'sailor' out on a boat.
Whilst drunk
In the dark
On a fast-flowing tidal river
With submerged obstructions
In winter
Without protective equipment
Let that inexperienced 'sailor' control the boat in the above conditions
Then.....
Failed to rescue the victim
It might well have been an accident as it was likely to have been unintentional. But you can't argue that he wasn't negligent.
I have problems with this. Unless you have ever tried to swim in the Thames on a cold day you will not be aware that trying to rescue someone is almost impossible. Unless you hold onto something you will be swept away, and the water is so dirty you have no chance of seeing anything in it, let alone they idea he was going to duck dive and swim her to safety. I did try to swim in the Thames in January and I can tell you without a rope I would have been in serious jeopardy. The idea that he 'failed to rescue the victim' is therefore moot.Whilst drunk
In the dark
On a fast-flowing tidal river
With submerged obstructions
In winter
Without protective equipment
Let that inexperienced 'sailor' control the boat in the above conditions
Then.....
Failed to rescue the victim
It might well have been an accident as it was likely to have been unintentional. But you can't argue that he wasn't negligent.
Secondly I think he is right when trying to argue he had no duty of care to the victim, or at least no where near the duty of care of a captain on a commercial vessel. Trying to call him the captain of a dingy is like saying he could have married her with his authority while on the boat. Its just daft. His experience with the boat counts for very little.
I have no problem with his fate for the way he's subsequently acted but I thin the judge would be very hard pressed to apply any of the principles here to other offences, and it suggests to me the judge has very little experience of anything boat related
Couldn't face the dead girl's family from the dock, eh. A pathetic excuse of a man.
Judges tend not to like defendants going on the lam: basically showing contempt. I wonder how much extra tariff he got just for that.
In today's world, unless you have already set up a false identity and/or have a shedload of cash readily available, you pretty soon leave an electronic fingerprint.
He'll leave a trace. I rather doubt he has the same level of friends/connections as John Bingham did.
Judges tend not to like defendants going on the lam: basically showing contempt. I wonder how much extra tariff he got just for that.
In today's world, unless you have already set up a false identity and/or have a shedload of cash readily available, you pretty soon leave an electronic fingerprint.
He'll leave a trace. I rather doubt he has the same level of friends/connections as John Bingham did.
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