Re: 'Harsher terms' for death drivers - BBC News today

In message
<2e1923f5-e3a5-47d1-a67b-311509d486bf@m36g2000hse.googlegroups.com>,
Squashme <squashme@gmail.com> writes
>
>http://news.bbc.co.uk/1/hi/uk/7506668.stm
>
>But don't you worry, there is still a get-out clause.
>
>"In cases of death by careless driving caused by "momentary
>inattention" where there were no aggravating factors, a community
>sentence, which could include a curfew requirement, would be
>appropriate."
>
>Momentary inattention. So I'm still flak bait.
>
>"The suggestion that a new offence of Causing Death by Careless
>Driving is created is strongly opposed.  The introduction of this new
>offence would mean that the consequences of the careless driving would
>become the dominant factor in assessing the seriousness of the offence
>rather than culpability which is the present approach. The culpability
>of a careless driver is likely to be at the lowest level.  It is
>difficult to imagine that custody would be an appropriate sentence for
>a momentary lapse in driving even when a death had occurred.  The
>driver is usually full of remorse and traumatised by the event."
>
>(from a 2005 submission from the Magistrates' Association.)
>
>"full of remorse and traumatised", but of course alive, so that he/she
>can regret his/her stupidity. Sorry, "momentary lapse" doubtless from
>otherwise very high standards.

If the police and CPS believe it is manslaughter, and the evidence meets
the strict tests necessary to secure a conviction, then they will bring
a manslaughter charge.


--
Ed Banger

See Duhg admit to being Doug Bollen:
http://groups.google.co.uk/group/uk.transport/msg/c7c992ee0d86b40b
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