Originally Posted by
JonnyHK
https://thecyclingsilk.blogspot.co.u...trial.html?m=1
There are a few interesting things in this blog by a British lawyer. Some technical arguments, some legal arguments and some other thoughts.
I was particularly intrigued by the (presumably) deliberate choice of charges to elevate this from the Magistrates Court to the Crown Court, even when suitable charges did exist at that 'lower' level.
Wow. The Cycling Lawyer ought to know better and his legal arguments are weak at best.
The suitable charges are indeed wanton or furious driving *and* unlawful act manslaughter.
A person driving a car the suitable charges would be causing death by dangerous driving.
A person driving a car not on a public way the suitable charges would be wanton or furious driving *and* unlawful act manslaughter.
In 2015 in Hererford, a cyclist pled guilty to wanton or furious driving in causing the bodily harm (death) to a pedestrian.
Speed was not a factor. (Brakes were a factor!)
And in 2009 in Weymouth, a cyclist pled guilty to wanton or furious driving in causing the bodily harm (death) to a pedestrian. Speed was a factor.
Finally, this prosecution was not the result of "prejudice that motoring is innocuous and cycling dangerous!"
This prosecution was the result of the fact that dangerous operators are dangerous.
-mr. bill