So i had my first 'proper' accident!

[snailracer]

Interesting. So if a pedestrian carelessly walked out into the road causing a cyclist to fall and be seriously hurt , like paralysed , then theres no offence, nothing can be done. I guess like if one pedestrian accidentally bumped into another pedestrian causing him to fall and be paralysed theres nothing can be done. If you killed someone would it be manslaughter?

1832 (Boss v Litton) the civil court decided that "....all persons, paralytic as well as others, have a right to walk on the road and are entitled to the exercise of reasonable care on the part of persons driving carriages upon it!"

The implication is that a "paralytic" pedestrian cannot possibly be exercising "reasonable care", nonetheless they are still allowed to walk in the road.

 

[oldfatfool]

i the guy was an immigrant hes probabbly illegal due to hwo he was really reluctant to give his name and address...

andy

Surprised at that then, I thought a guilty criminal illeagal got immediate residency and extra welfare in our green and pleasant land

PS hope you don't suffer any side effects

 

[NormanD]

Speedy recovery there mate

 

[peelywally]

ouch , sounds like a right fall you had there , hope your back on bike soon .

 

[funnymummy]

Hope you heal quick & back on your bike soon xx

 

[CopperCyclist]

So you could murder someone by "accidentally" bumping into them at beachy head.
Its an interesting idea.
Or one drug addict could "accidentally" murder another drug addict by "accidentally" over injecting him with heroin.

assuming both case were true accidents...

Beachy Head, yes.

Accidentally over inject with heroin, nope. The act of administering the drugs would be an 'unlawful act' and hence the subsequent death would be involuntary manslaughter.

In both cases you can still expect to be arrested and investigated on suspicion of murder anyway!

 

[Crankarm]

assuming both case were true accidents...

Beachy Head, yes.

Accidentally over inject with heroin, nope. The act of administering the drugs would be an 'unlawful act' and hence the subsequent death would be involuntary manslaughter.

In both cases you can still expect to be arrested and investigated on suspicion of murder anyway!

Errr ..... to commit murder one has to have mens rea ie the intention to kill some one. If you ACCIDENTALLY bumped into some one on Beachy Head and they fell off as you suggest or one accidentally injected more than a safe amount of drug and killed them it would NOT be murder as one would lack the intention to kill. I would have thought a copper would appreciate this distinction? At most it would be manslaughter or gross negligence in criminal law then negligence or just an unavoidable accident which could not have been foreseen in civil law.

 

[apollo179]

Errr ..... to commit murder you have to have mens rea ie the intention to kill some one. If you accidentally bumped into some one and killed them it would NOT be murder. I would have thought a copper would appreciate this distinction? At most it would be manslaughter or gross negligence then negligence or just an unavoidable accident which could not have been foreseen.

Thats precisely what coppercyclist is saying.

 

[CopperCyclist]

I think Crankarm is possibly getting confused by my final line of 'expect to get arrested and investigated for murder anyway'. As Apollo points out, you're actually agreeing with me on the rest. In the UK an arrest doesn't imply guilt, it applies suspicion, and it's only correct that if your action has resulted in the death of another human being then it is properly investigated.

We're stating the final result (I.e. beachy head - accident, drug user scenario - manslaughter) based on the full facts that would only be discovered after investigation and interview.

 

[teletext45]

anyway moving on from politics....

I'm alot better today and planning a training ride for sunda, i decided i don't want to get scared off and move on with my cycling

andy