Driver tries to kill cyclist, hits building.

[Pale Rider]

@Profpointy and @Cubist , thanks for the patient explanations - I'm going to have to try harder to understand. I'm sure the approach in Scotland would be to charge with murder and attempted murder, maybe @Brandane can confirm.

GC

The driver has been charged with murder and attempted grievous bodily harm of another police officer.

This suggests there is some evidence of an intention to cause harm, which - as mentioned upthread - is all that's required for murder.

It may be the young man did himself no favours in his interview, or, perhaps more likely, the others involved are using a cut throat defence - drop the driver in it to save their own skins.

The code of honour among criminals stops some way short of practical solidarity when there's a lot of porridge to be eaten.

http://www.bbc.co.uk/news/uk-england-merseyside-34456424

 

[benb]

I think there is a definite issue where the CPS tend to charge a lower offence because it's "easier" to get a conviction rather than the more serious charge which may be more appropriate.

 

[jarlrmai]

Rock and a hard place, some conviction is better than none.

 

[Arjimlad]

Guilty verdict on the Audi driving maniac mum !

Good old British Jury !

http://www.surreycomet.co.uk/news/1...stic_cyclist_after_road_rage_row/?ref=mr&lp=4

 

[CopperCyclist]

Given that as an admission, the police can prove an intention to wound or cause grievous bodily harm. The resultant death is one outcome, and the admitted intent to injure is sufficient malice for a murder charge. That same malice to injure was not acted upon the officer that managed to jump clear, but it has now been admitted. So the attempt to injure the second officer is charged appropriately.

Snipped most of this concise and great explanation.

It also clearly shows the exact parallel to the case this thread is about - the PC jumped clear - attempt GBH. The cyclist avoided injury - attempt GBH.

Hopefully this may now go some way to demonstrate that everything is dealt with in the same level in our justice system, and knee jerk reactions following the death of PC Phillips and how people 'felt' it applied to this case are neither accurate nor helpful.

 

[cd365]

Guilty verdict on the Audi driving maniac mum !

Good old British Jury !

http://www.surreycomet.co.uk/news/1...stic_cyclist_after_road_rage_row/?ref=mr&lp=4

What's the betting it will be a slap on the wrist. She should spend some time in jail.

 

[glasgowcyclist]

I'm delighted that she's been convicted of the attempted GBH charge, I really wasn't expecting that. I'm pleased too that she was also convicted of dangerous driving. I'd assumed it would've been one or the other.

Now lets see how the sentencing goes... (extreme hardship, young children to ferry around etc)

GC

 

[Markymark]

What's the betting it will be a slap on the wrist. She should spend some time in jail.

Not sure. Very quick to return verdict, seems pretty clear-cut to me. I would imagine some jail-time.

 

[Arjimlad]

How soon will she be let loose behind the wheel again ?

 

[Pale Rider]

I'm delighted that she's been convicted of the attempted GBH charge, I really wasn't expecting that. I'm pleased too that she was also convicted of dangerous driving. I'd assumed it would've been one or the other.

Now lets see how the sentencing goes... (extreme hardship, young children to ferry around etc)

GC

I suspect the barrister who mitigates will ask the judge to be wary of 'double counting' and to pass concurrent sentences.

The attempt GBH is the most serious - maximum five years - against the maximum of two years for dangerous driving.

There don't appear to be any sentencing guidelines for the attempted form of the offence, but there are for GBH.

Those suggest level two - lesser harm, but high culpability.

Starting point 18 months, range one to three years.

There can be no credit for a guilty plea - she stood trial.

But gender equality has yet to reach sentencing at court, so much will be made of her being a mother and jail time punishing the children.

That might save her from immediate custody.

Wrong, in my view.

If a single bloke in his 20s would get a short stretch for this, which I reckon he would, so should she.

http://www.sentencingcouncil.org.uk...ssault_definitive_guideline_-_Crown_Court.pdf

 

[CopperCyclist]

I suspect (snip)

Wrong, in my view.

If a single bloke in his 20s would get a short stretch for this, which I reckon he would, so should she.

Need two "like" buttons.

 

[400bhp]

I think the verdict is excellent news for all of us.

 

[User33236]

Now lets see how the sentencing goes... (extreme hardship, young children to ferry around etc)

GC

Infringes on the human rights of her kids not to have mummy around?

 

[deptfordmarmoset]

Infringes on the human rights of her kids not to have mummy around?

Yes, and she still has so much to teach them about road behaviour.....

 

[andyfraser]

We can't have a society where someone's treated with lenience just because they have kids or whatever. The parent made the choice to break the law. If their kids are affected it's all on the parent. Also we can't set a precedent that if you'll be treated leniently if you have a convincing sob story. I hope the judge does the right thing when passing sentence.