PeterE wrote:
The following were given in the "Times" today as examples of the two types of offences:
Causing death by careless driving- Trying to overtake on hill, killing oncoming motorist. Probable sentence: five years’ jai
Successfully banged someone up under a "dangerous" for this.
Pulling out of junction in front of motorcycle or other vehicle, killing rider or driver[/quote]
In the past - we have considered "dangerous" where possible. Depends on the investigation and SMIDSY is looked at as well. We would also look at the position and speed of the deceased as well - all angles get covered as we need to put all evidence before CPS to build the case.
Quote:
Falling asleep at wheel and crashing, killing people in another vehicle
Manslaughter could be an option - Gary Hart comes to mind....
Admit - have a serious non-compromising bias on this type of offence. To me - there is no excuse for driving whilst unfit or tired.
Quote:
Speeding motorist losing control of vehicle and crashing into another car, killing occupants
Already prosecuted with precedents set under "dangerous"
Again depends on the level of evidence from the investigations.
Quote:
Driver talking on a mobile phone, fatally injuring a pedestrianThis is one where we had problems in the past . Could prove guy was on the phone at the time of the accident - but the predestrian was also on a mobile phone. Defence planted doubt in mind of jury - they had also been directed by the judge to decide on a majority of careless as they were very hung onthe "dangerous".....Could not prove his driving was so dangerous it caused the death.
Causing death by dangerous driving- Man drives on wrong side of road, hits a car and kills occupants
- Youth races another driver along city street, hits pedestrian who dies
- Angry motorist objects to criticism, makes a high-risk three-point turn and hits a buggy, leading to child’s death
- Motorist drives at 50mph in a 30mph area, loses control, hits another car, killing child
Already covered on dangerous charges - again depends on the evidence we can put before the court
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Disqualified driver steals car, jumps red light, hits another car killing a child
Could fit a manslaughter charge on this one.....maybe....would certainly explore the possibility.
Most current careless offences fall under the umbrella as to whether or not the act was momentary inattention or the manner of the driving adversley affected the safety of the driver and another road user. I the case of Miss Orange Pippin - she was holding an apple in her hand and swerved as she negotiated the left hand turn. This, and the fact she looked like she was on a mobile phone, drew a cop's attention. If she'd dopne it in front of me - lot would have depended on what I actually saw he do as to my action. I may well have issued the £30 fine and a ticking off. I may have left it at a harsh ticking off. But that would be according to my conscience, professionalism and discretion really.
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