On 9 Jan, 12:08, Duncan Smith <
[email protected]> wrote:
> Anyone listening to the news today will be aware of the creation of a
> new offence for causing death on the road by temporary carelessness -
> which if the driver has an otherwise good record need only carry a
> community sentence.
>
> Regards,
>
> Duncan
Someone's put it much better than i could:
The definition of "dangerous" driving is set down within the law, it's
not just a random definition according to which judge is sitting.
"Dangerous" driving must fall "far below" the acceptable standard. A
moment's lapse of judgement, therefore, isn't dangerous, because
whilst the defendant might accept that in that moment he fell below
the acceptable standard, he did not fall "far" below. This is what
was not only keeping careless drivers out of jail, but also getting
them acquitted.
The new offence of causing death by careless driving will cover those
momentary lapses. But then - what do you do with someone who came
around a corner, within the speed limit, was blinded by the sun and as
they slowed down hit a pedestrian and killed them? Or someone who was
taking an ill child to the doctor's, and was momentarily distracted by
the child suddenly vomiting in the back seat and turned to look at
them, and hit and killed a pedestrian? Both examples are careless,
but I don't think you could accuse them of using their car as a
killing machine and deserving of jail. It's this group of momentary
lapses which will attract community penalties, as the article made
quite clear:
Quote
The Sentencing Guidelines Council (SGC) is expected to recommend
community penalties for drivers who kill someone after momentarily
losing concentration.
On the other hand, someone who kills whilst using a mobile / trying to
reprogramme their SatNav / succumbing to an act of oral love from the
passenger, will have established that their carelessness (it's still
not, technically, dangerous) was not a momentary lapse but a
deliberate course of action, and are more likely to go to jail.
I don't think you can say that this is anything other than a step
forward.
http://www.anothercyclingforum.com/index.php?topic=45662.0
.
