Lance Dopestrong wrote:It's not just the physical act (which is horrific here), but it's also the mens rea of the suspect at the time of the offence. I don't pretend to know of or have evidence of what was going through the idiot drivers mind, so I cannot make an informed decision either way.
It's difficult to be really sure with such a limited field of view, but I think the driver was going a wee bit quick and wasn't able to hold a line that kept them on their own side of the road. Fortunately it's a distinctive car, even without a VRM it should be straightforward to locate, always assuming it is actually registered.
I understand that, albeit it's rather a long time since I studied, but what is very clear to me is that this wasn't a premeditated attempt to kill.
That established in my mind, even if the standard of driving fell so far below, yada yada yada, then murder wouldn't figure on the charge sheet.
I also formed the impression it was a loss of control scenario, compounded by a failure to stop.