Involuntary Manslaughter

[motorbiking]

He can't do that Sec 4 (1), Criminal Law Act 1967
https://www.legislation.gov.uk/ukpga/1967/58/section/4

They cannot do anything or offer advice to assist him in doing anything that would impede his apprehension.

 

[Brigadier]

He can't do that Sec 4 (1), Criminal Law Act 1967
https://www.legislation.gov.uk/ukpga/1967/58/section/4

They cannot do anything or offer advice to assist him in doing anything that would impede his apprehension.

How would anyone know?

 

[motorbiking]

Would you risk 4 years in prison for £53 p/h?

 

[Brigadier]

Would you risk 4 years in prison for £53 p/h?

Some would be willing to pay a lot more than that, to stay "free".

 

[durhamplumber]

I wonder how many people sounding off here, if they were in the position where they did not believe that they had done something wrong (or wrong enough to deserve a 6-year prison sentence), wouldn't go on the run, or at least think about it...

Still an offence whichever way you dress it up

 

[durhamplumber]

I killed a man once. Back in the late 80's during an open class proddy race at Donnington Park.

I'd been chasing his tail for 13 of the 15 lap race, we had 2 laps to go & in racing circles it's called 'mugging'. The bikes were well matched with mine having just a slight power advantage on the straights, more than equalised in the corners 'cos he had always proved himself to be much braver than Dork in the corners.

I made my intentions known at McLean's & pulled alongside him before braking early & diving inside him at Coppice. I took him along Starkey's straight, just about where the bridge used to be. All I had to do now was ride wide & block him from regaining the lead.

He braked late, far too late for the Esses & to this day I say he would never have made that corner, he came from the outside & cut straight across me but Dork did not want to be beaten, Dork tucked it in a little harder & Dork's front wheel glanced across his rear wheel & we both went down.

In racing circles this is what's called a racing incident. I'm told the official inquiry by the clerk of the course could reach no conclusion over blame.

Dork was just about as badly hurt as it is possible to survive. The circuit Doctor was there within 3mins & that Doctor restarted Dorks heart & stabilised Dork before moving onto the other rider. With nothing to see & nothing to do here the Doc' came back to Dork to prepare him for the trip to where he would spend the next 13 weeks in a coma.

I knew that other rider from school, we weren't exactly the bestest of mates back then but we found each other through our mutual love of fast motorcycles & the shared belief that we didn't want to die in front of a TV screen like our Dad's.

He was due to be the best man at my wedding 2 weeks later. They buried him while I was asleep & I'm told his mum came to me & sat by my bed, held my hand & prayed for me alongside my mum. She has never blamed me but it was many years before I could look her in the eye.

Put me in front of your jury of 12 good men honest & true.

Only God can judge me.

If you were found guilty of murder it would not be right to go on the run.

 

[motorbiking]

Volenti non fit injuria would apply to a tragic accident at a track day. In the case of the idiot in a sh** speed boat, the victim did not consent to being driven about at loony speed facing certain capsize in to cold tidal water, where death was well above 50% probability. Particularly after consuming at least 2 bottles of wine.

 

[Brigade77]

Volenti non fit injuria would apply to a tragic accident at a track day. In the case of the idiot in a sh** speed boat, the victim did not consent to being driven about at loony speed facing certain capsize in to cold tidal water, where death was well above 50% probability. Particularly after consuming at least 2 bottles of wine.

I think we all know why she was in that boat & I think we can all agree that both of them were having a good time.

"On the return journey, Shepherd handed over the controls to Ms Brown who followed suit and went "full throttle".

He's guilty of many things but I don't think he is legally guilty of her death. Don't get me wrong, if that were one of my daughters . . . I'd find him, but I think on this occasion the law is an ass.

 

[durhamplumber]

Volenti non fit injuria would apply to a tragic accident at a track day. In the case of the idiot in a sh** speed boat, the victim did not consent to being driven about at loony speed facing certain capsize in to cold tidal water, where death was well above 50% probability. Particularly after consuming at least 2 bottles of wine.

The defence would argue,rightly or wrong, how do you know what she consented to,,she is dead?

 

[durhamplumber]

I think we all know why she was in that boat & I think we can all agree that both of them were having a good time.

"On the return journey, Shepherd handed over the controls to Ms Brown who followed suit and went "full throttle".

He's guilty of many things but I don't think he is legally guilty of her death. Don't get me wrong, if that were one of my daughters . . . I'd find him, but I think on this occasion the law is an ass.

Lol...I have no idea why she was in the boat.

 

[motorbiking]

If you look at the police video you get a very clear view.
Best practice vs what happened
- qualified skipper/experienced - don't think he was?
- everyone briefed on safety and Man overboard procedure - no brief and didn't even check if she could swim
- life jackets on vs in a locker and she didn't know about them
- no alcohol vs P***d (2 bottles of wine+)
- speed limits adhered to they were at max for the motor
- passage appropriate to crew/boat ability vs not sure I'd have driven such a small boat in that part of the thames (busy and fast flowing)
- boat maintained properly vs apparently not maintained at all

remember: he's not been done for murder.

I'd expect a drunk driver who killed someone to get a similar sentence if he did a runner. Had he turned up and basically claimed dumb to how you should skipper a boat, shown remorse etc. I reckon he'd have got 2-3 years.

 

[Brigade77]

I'd expect a drunk driver who killed someone to get a similar sentence if he did a runner. Had he turned up and basically claimed dumb to how you should skipper a boat, shown remorse etc. I reckon he'd have got 2-3 years.

I get the impression that she was at the wheel at the time?

 

[motorbiking]

Yes I think you are right. So perhaps more an equivalent to a supervising driver, supervising a p***ed learner while also being P***ed.

This is why his only decent defence was duty of care. If he could establish he was not acting as skipper then he could argue he had no responsibility for her actions.

It actually depends on the part of the river this occurred, as to whether maritime law applies.

 

[Brigade77]

Yes I think you are right. So perhaps more an equivalent to a supervising driver, supervising a p***ed learner while also being P***ed.

This is why his only decent defence was duty of care. If he could establish he was not acting as skipper then he could argue he had no responsibility for her actions.

It actually depends on the part of the river this occurred, as to whether maritime law applies.

This whole thing is horribly complicated which is why we have m'learned friends to bash it all out where it belongs, in a court of law.

The only winners here are m'learned friends & possibly the gentlemen of the press. Ms Brown is dead, Mr Shepherd is a fugitive, the lawyers get fat & the law is an ass.

If I were Ms. Brown's father, I'd want him punished for what he did but I don't think a prison sentence is justified in the circumstances. I would want him to walk out of that court with his liberty, walk right past me & into my world.

 

[motorbiking]

Prison acts as a deterrent to like minded reckless people. The offender and victim in this case will not be improved by him being locked up. The victims family may feel better though.