profkyd.bsky.social
Professor of Criminal Law; dog lover; road harm reduction enthusiast; steel pan player.
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[sarcasm] Poor men (yes, men) who've already suffered changes in societal norms that reduce their pleasure/freedom (e.g. having to worry if their partner consents to sexual activity)
I enjoy driving. I enjoyed developing my skills as an advanced driver to ensure I limited the risk I pose to others.
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Yesterday morning.
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Might be worth noting that the burden of proof in a civil case is different (lower) to that in a criminal case.
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That said, it is telling that the word 'crime' is not used once in this report; this needs change. I was told in court earlier this week that 'traffic offences' are not 'crimes'. @roadspolicingwells.bsky.social suggests the RCRG could be updated to encourage that change @lauralaker.bsky.social?
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'Selfishness' has been used in this context for a long time. But I don't think 'selfish' and 'violent criminal act' are mutually exclusive. Plenty of judges sentencing cases of murder use the word 'selfish' in relation to the murderer. Much violent crime is selfish by its very nature.
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I think Hashem Abedi (brother of the Manchester bomber) is the indeed the longest minimum term, and the second longest before this was the nail bomber David Copeland (50 yrs). But he also wasn't under 18.
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Still using the word "accident" rather than crash/collision:
.e.g. www.thetimes.com/uk/transport...
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Presumably "suicide" was a criminal offence in the States as it was in England at that time. That has a bearing on the description of jaywalking as "suicidal" to support its criminalisation?
We never criminalised jaywalking in this country. But I was caught out on a recent trip to Berlin!
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Thank you very much. I have checked, and my institution is not one of those 40, so I'll send an email!
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Basic stuff. This is point 3 of the 10 Points for Publishers in the Media Reporting for Road Collisions:
www.rc-rg.com/guidelines
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The appellant's argument that 35 mths disqualification was manifestly excessive was accepted, with the CoA stating the "appropriate" period (30 months including 9 months extension period), but not explaining how they reached that (except lower prison sentence).
Classic case of victim blaming. 4/4
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I agree with the trial judge. This was top end carelessness. If someone is in the road, you STOP driving. Aggravating factors applied. Their relationship provided little, if any mitigation, esp given he never accepted responsibility for his acts. The CoA's decision actually makes me quite angry. 3/4
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An example from 2021 was just heard by the Court of Appeal. It appears the vehicle was not used as a weapon, and jury convicted of death by careless, rather than dangerous, driving.
But, I have to say I disagree with court's decision to reduce sentence: www.bailii.org/ew/cases/EWC...
2/4
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He pleaded guilty, so may have been sentenced at the top end of the sentencing guidelines, before a discount for the guilty plea. Certainly a category A offence (starting point of 12 years before discount applied):
www.sentencingcouncil.org.uk/offences/cro...
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Unlike Graduated Driving Licenses in some jurisdictions, this doesn't suggest a ban on driving late at night though. The RAC Foundation thought that would make the proposal too controversial - can't prevent young people in rural areas driving to work.
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RAC Foundation recently made a quite conservative proposal for a change: www.racfoundation.org/research/saf...
This now the subject of a petition from a bereaved parent:
www.change.org/p/safer-driv...
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Both of these questions were considered by the Law Commissions of England & Wales and Scotland in their joint project. See documents here. Consultation responses on the speeding issue were split 50/50. LC concluded law not to allow it.
lawcom.gov.uk/project/auto...