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PostPosted: Thu Oct 05, 2006 1:16 pm 
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The trial of Matthew Mackie for causing Brenda Kerry's death by dangerous driving is currently underway. The prosecution case is being made now; the whole thing is expected to run into Friday and possibly Monday.

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PostPosted: Thu Oct 05, 2006 4:44 pm 
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Ta for that. I've just seen a little bit about it on the This Is Exeter site here

Stew


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PostPosted: Thu Oct 05, 2006 7:51 pm 
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Those bastards always pass too close and too fast. Taking the lane is the only defence. Gods, squeezed and then handlebars clipped and down and crunch and mangle and lights out. That's fucking hideous.

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PostPosted: Fri Oct 06, 2006 2:09 pm 
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<quote>

The tractor and trailer were just under 16m long and were 2.7m wide, leaving only a 50cm gap for any other vehicle on that side of the road.

</quote>

That's a tad over 18" in old money.

My bars are wider than 50cm; my shoulders are [not quite :oops: ] 50cm


<quote>

He saw her wobble and thought it was the wind, caused by the vehicle overtaking

</quote>

And that's OK?

Gods ...

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PostPosted: Fri Oct 06, 2006 2:33 pm 
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RJ wrote:
<quote>

The tractor and trailer were just under 16m long and were 2.7m wide, leaving only a 50cm gap for any other vehicle on that side of the road.

</quote>

...<quote>

He saw her wobble and thought it was the wind, caused by the vehicle overtaking

</quote>

And that's OK?

Gods ...



The wording of the article could be taken to suggest that the cyclist tried to get through a narrow gap.

I'm sure its just sloppy journalism


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PostPosted: Fri Oct 06, 2006 2:45 pm 
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PostPosted: Fri Oct 06, 2006 8:28 pm 
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50cm is less space than a cyclist - any cyclist - takes up. So he overtook without giving her enough space. If that isn;t case closed I don't know what is!

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PostPosted: Sat Oct 07, 2006 11:01 pm 
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Another report here. Words fail me: ' Look at the standard of driving and try not to focus on the tragic consequences.'

Stew


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PostPosted: Sun Oct 08, 2006 1:00 am 
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AlfieNoakes wrote:
Another report here. Words fail me: ' Look at the standard of driving and try not to focus on the tragic consequences.'

Stew


That is perfectly correct legal position

The law generally punishes the act not the consequence


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PostPosted: Mon Oct 09, 2006 1:48 pm 
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<quote>
He told officers: "I would have been happy with the gap there was if I had been cycling."
</quote>

I notice he's declined to take the stand (as he's entitled to do). Spen - can the jury take this into account? An obvious question would be: "Mr Driver, when was the last time you rode a bicycle?"

Another thing: what test does a tractor driver have to have passed these days in order to drive an HGV-sized rig around the country faster than a sprinting racehorse?

Just a thought (not relevant to the outcome of the case, obviously...)

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PostPosted: Mon Oct 09, 2006 2:05 pm 
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RJ wrote:
<quote>
He told officers: "I would have been happy with the gap there was if I had been cycling."
</quote>

I notice he's declined to take the stand (as he's entitled to do). Spen - can the jury take this into account? ...


yes


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PostPosted: Mon Oct 09, 2006 4:21 pm 
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spen666 wrote:
AlfieNoakes wrote:
Another report here. Words fail me: ' Look at the standard of driving and try not to focus on the tragic consequences.'

Stew


That is perfectly correct legal position

The law generally punishes the act not the consequence


OK, so why is the maximum penalty for causing death by dangerous driving 10 years, yet for dangerous driving it's 2. This is taking the consequences into consideration, isn't it?

Stew


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PostPosted: Tue Oct 10, 2006 11:47 am 
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AlfieNoakes wrote:
spen666 wrote:
AlfieNoakes wrote:
Another report here. Words fail me: ' Look at the standard of driving and try not to focus on the tragic consequences.'

Stew


That is perfectly correct legal position

The law generally punishes the act not the consequence


OK, so why is the maximum penalty for causing death by dangerous driving 10 years, yet for dangerous driving it's 2. This is taking the consequences into consideration, isn't it?

Stew


I refer you to my answer given previously - note the careful and judicious choice of words I used- in particular the use of the word generally. It was put there for a specific reason!!!!!!!!!!!!!!!!!!!!


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PostPosted: Tue Oct 10, 2006 1:44 pm 
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The jury continue their deliberations today...

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PostPosted: Tue Oct 10, 2006 2:34 pm 
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AndyGates wrote:
The jury continue their deliberations today...



Sadly the chances of convictions for "dangerous" driving are low

falling far below the standard of the reasonably competent driver seems to be something jurors who drive do not want to accept happens as it may lead to them being convicted themselves.

There is almost a conflict of interests in letting motorists decide if the behaviour of motorists to other non- motorist road users is illegal.

I'm not sure what the alternative system would be though


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