91 Old TT'ist Killed.

[Username]

Hi,
Yes, very typical today that you can be charged tried guilty and get off.

There is a difference (outside Daily Mail reading circles) between "getting off" and the punishment not being punitive enough for your taste.

Perhaps best to read the sentencing guidelines.

https://www.sentencingcouncil.org.uk/wp ... deline.pdf

The 'getting off' is by design.

Killing people by carelessness with a motor vehicle is in general not a serious offence, you need to charge and prove 'dangerous driving' or show in sentencing 'not far short of dangerous'.

This is obviously a philosophical approach to deliberately provide sentences that are very light, presumably on the basis that lots of people drive in similar ways without killing people people, so why bother punishing people for bad luck.

The old cyclist died as a result of the manner of driving by the van driver. Someone prove to me his driving was perfectly safe and I will prove to you there are monkeys living on the moons of Mars.

[thelawnet]

The old cyclist died as a result of the manner of driving by the van driver. Someone prove to me his driving was perfectly safe and I will prove to you there are monkeys living on the moons of Mars.

Well not really. I think the point is this:

If you run someone over because you momentarily distracted well that's mere 'carelessness'.

Whereas if you run someone over because you are overtaking at 120mph into oncoming traffic that's 'dangerous'.

Careless driving is sometimes deadly but it is not in law 'dangerous'.

[reohn2]

The old cyclist died as a result of the manner of driving by the van driver. Someone prove to me his driving was perfectly safe and I will prove to you there are monkeys living on the moons of Mars.

Well not really. I think the point is this:

If you run someone over because you momentarily distracted well that's mere 'carelessness'.

Whereas if you run someone over because you are overtaking at 120mph into oncoming traffic that's 'dangerous'.

Careless driving is sometimes deadly but it is not in law 'dangerous'.

It's dangerous by definition of the danger it poses to others.
When a driver causes a collision due to their bad driving,that's dangerous.
Careless driving is a cop out by a poor system,especially when other people are injured or killed

[thelawnet]

Careless driving is a cop out by a poor system,especially when other people are injured or killed

No doubt but that's the system we have. Nobody wants to lock up a killer motorist because well it was just a slip of concentration or whatever.

[reohn2]

Careless driving is a cop out by a poor system,especially when other people are injured or killed

No doubt but that's the system we have. Nobody wants to lock up a killer motorist because well it was just a slip of concentration or whatever.

Dangerous driving doesn't necessarily have to attract a prison sentence,but should be recognised as such,payment back to society for that dangerous behaviour should be harsher than it is presently.
Prison isn't an ideal rehabilitation course of action for most.
Careless driving is a cop out because the charge itself tells the driver and the rest of socity that they were only careless and that the consequences were only result of that carelessness.
Dangerous driving or manslaughter by vehicle casts a longer shadow IMO.