mojomonkey Posted December 18, 2008 Share Posted December 18, 2008 So if say, you killed some whilst driving, best to quickly take an advanced driving test, and the deemster will think you surely can't be too bad a driver. Strange logic, I really don't think it would work like that. Link to comment Share on other sites More sharing options...
%age Posted December 18, 2008 Share Posted December 18, 2008 Link to comment Share on other sites More sharing options...
The Old Git Posted December 19, 2008 Share Posted December 19, 2008 There must be technical differences between the charge of 'driving without due care and attention' and the charge of 'causing death by dangerous driving'. The first post in this thread http://www.xlr8.co.im/forum/viewtopic.php?t=4594 gives some detail to the differences Link to comment Share on other sites More sharing options...
manshimajin Posted December 19, 2008 Share Posted December 19, 2008 Found this quote on a website for 'Brake' - a UK Road Safety Charity: If the way the person was driving is considered to be below the standard that would be expected of a competent and careful driver, but not far below, the appropriate charge for the CPS to bring would be careless driving. However, there is no statutory guidance about what behaviour constitutes a manner of driving that is below and far below the required standard. A report commissioned by the Department for Transport states that: “The definition of Dangerous Driving is such that whilst violators are likely to face that charge, those guilty of serious negligence in their driving face the same charge of Careless Driving as those guilty of very minor offences. This causes problems in particular where the offence has resulted in a fatality. The (UK) Road Safety Act 2006 introduced new offences of causing death by careless driving and causing death by driving while unlicensed, uninsured or disqualified. These charges are not yet in force, but are due to come into force in 2008. ”[ This seems to indicate that the UK experience is leading to the introduction of a new offence of 'causing death by careless driving to differentiate it from 'careless driving'. Link to comment Share on other sites More sharing options...
manshimajin Posted December 19, 2008 Share Posted December 19, 2008 On a purely hypothetical level if someone who is not paying proper attention kills someone driving by what would Forum members consider a sensible sentencing decision to be (as opposed to this thread's header 'ridiculous')? If the driver is not drunk or under the influence of drugs is a custodial sentence sensible? Does this achieve something? What is a sensible time for the driver to be banned from driving - 6 months, 9 months, 1 year, 2 years or more? Should a fine be imposed? If so at what level? What damages should be paid through a civil action? We can easily say that a sentence is 'ridiculous' but is it easy to evaluate what a sensible decision should be? Link to comment Share on other sites More sharing options...
Sebrof Posted December 19, 2008 Share Posted December 19, 2008 Years ago, somebody pointed out that the police were spending a lot of time and effort dealing with drunken drivers who caused 30% of all deaths on the road. Why, he asked, were they not targetting the sober drivers who were responsible for the other 70%. They are the truly dangerous ones. If you can't drive safely while sober, you shouldn't be driving at all. S Link to comment Share on other sites More sharing options...
LadyManx Posted December 20, 2008 Share Posted December 20, 2008 Causing death by dangerous driving on the island carries up to 10 yrs imprisonment - 14 in the uk. There is no offence yet of causing death by driving without dc&a - in the uk this will carry up to 5 years imprisonment. The sentences reflect the severity of the driving - ie aggravating factors - increase the sentence and length of custody. the ban is also working on the same structure. it is all too easy for people to make comments easily about drivers and their sentences - we musn't forget that it is only the judges that make the decisions, not the families of victims or the driver. Link to comment Share on other sites More sharing options...
%age Posted December 20, 2008 Share Posted December 20, 2008 Why do the Manx Media make such an issue of who the judge was in each case. Is this some sort of effort to celebritise (is that a word yet?) these people in wigs. As a representative of the Queen we should expect sentences to be more or less standard across the board. Of course on the Isle of Man the advocates know how to' play' (or not as the case may be) each particular Deemster or judge. Link to comment Share on other sites More sharing options...
John Wright Posted December 21, 2008 Share Posted December 21, 2008 The family of the dead teenager should be commended for their reaction. Maybe some posters here should read and think 'I have lost my son through someone who made a mistake. It was a small mistake but the consequences outweighed the level of the mistake. Who hasn't quite checked properly and nearly pulled out in front of someone?' he asked. Full quote and story here http://www.iomtoday.co.im/news/Grieving-da...r39s.4810020.jp Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.