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Jason MacIntyre (RIP)

EarthboundEarthbound Posts: 109
edited August 2008 in Campaign
This weeks Cycling Weekly reports on the court case following Jason's tragic death earlier this year on page 24.

It seems the defense 'lawyer' claimed that the defendant 'simply didn't see' the cyclist coming, yet in his next breath the 'lawyer' states that the defendant said the cyclist 'was not wearing hi-viz clothing' AND 'was riding in a hunkered down position' - How did the defendant know Jason was hunkered down if his main pathetic defense was 'he didn't see the cyclist'

Total contradiction, total lies. The 'lawyer' had obviously advised that all the defendant had to say was 'I didn't see the cyclist' and he couldn't ber charged with dangerous driving.

The biggest obstacle to 'justice' in this country is - 'lawyers'

Posts

  • downfaderdownfader Posts: 3,686
    Very sad but a little common now. The hiviz comment is besides the point imo as you'd notice that after the accident, but the positioning is something you would obviously notice BEFORE. :?

    From what I read of this before it seems the driver made a cruddy decision thinking he had time - perhaps a rushed decision.

    I once got in an argument with a driver at work over hiviz. He said the law should be changed to force all cyclists to wear them. I said "Funny, maybe you drivers should wear them when you get out of your car and cross the road?"

    Sadly i think the MacIntyre Jury may well all be drivers and they may possibly side with the defendant as a result. I dont think courts take this into consideration
  • spen666spen666 Posts: 17,709
    downfader wrote:
    ....
    Sadly i think the MacIntyre Jury may well all be drivers and they may possibly side with the defendant as a result. I dont think courts take this into consideration
    Was this case not a GUILTY plea?

    If so there would be no jury


    Not sure on law in Scotland, but careless driving in England is a summary only offence and is tried before a Magistrates Court - ie no jury ( unless it is tried on same indictment as Dangerous driving- in which case it can be heard before a jury
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  • downfaderdownfader Posts: 3,686
    spen666 wrote:
    downfader wrote:
    ....
    Sadly i think the MacIntyre Jury may well all be drivers and they may possibly side with the defendant as a result. I dont think courts take this into consideration
    Was this case not a GUILTY plea?

    If so there would be no jury


    Not sure on law in Scotland, but careless driving in England is a summary only offence and is tried before a Magistrates Court - ie no jury ( unless it is tried on same indictment as Dangerous driving- in which case it can be heard before a jury

    TBH I was unaware that a guilty plea had been made. Meant to look this up yesterday but forgot (jaffa cakes were calling and was watching the olympics even though I said I wouldnt :oops: )

    I also only thought that a magistrate-only was used for just the less serious crimes like theft/shoplifting, drug use, etc.. Perhaps this has been extended since i first read about it. :?

    Interesting.
  • spen666spen666 Posts: 17,709
    downfader wrote:
    spen666 wrote:
    downfader wrote:
    ....
    Sadly i think the MacIntyre Jury may well all be drivers and they may possibly side with the defendant as a result. I dont think courts take this into consideration
    Was this case not a GUILTY plea?

    If so there would be no jury


    Not sure on law in Scotland, but careless driving in England is a summary only offence and is tried before a Magistrates Court - ie no jury ( unless it is tried on same indictment as Dangerous driving- in which case it can be heard before a jury

    TBH I was unaware that a guilty plea had been made. Meant to look this up yesterday but forgot (jaffa cakes were calling and was watching the olympics even though I said I wouldnt :oops: )

    I also only thought that a magistrate-only was used for just the less serious crimes like theft/shoplifting, drug use, etc.. Perhaps this has been extended since i first read about it. :?

    Interesting.

    Careless driving is in the category of less serious offences
    McTaggart pleaded guilty to careless driving
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  • downfaderdownfader Posts: 3,686
    http://www.bikeradar.com/news/article/j ... ined-17937

    £500 for a life. This is why I tell other road users not to rush a decision on the roads. :?
  • chuckcorkchuckcork Posts: 1,471
    To be consistent maybe they should make stabbing someone where they subsequently die a summary offence too. A defence lawyer could say it was merely an unforseen consequence of merely wounding someone lightly, not intending at all to plunge that hunting knife repeatedly into the victims chest at all Your Honour.

    Frankly not much difference in consequence from the SMIDNSY, where someone dies as a result, is there?
    'Twas Mulga Bill, from Eaglehawk, that caught the cycling craze....
  • spen666spen666 Posts: 17,709
    chuckcork wrote:
    To be consistent maybe they should make stabbing someone where they subsequently die a summary offence too. A defence lawyer could say it was merely an unforseen consequence of merely wounding someone lightly, not intending at all to plunge that hunting knife repeatedly into the victims chest at all Your Honour.

    Frankly not much difference in consequence from the SMIDNSY, where someone dies as a result, is there?

    apart from in one case you are deliberately stabbing someone whereas in the other you are not deliberately injuring/ killing someone

    apart from that minor discrepancy .....
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  • CunobelinCunobelin Posts: 11,792
    We had a colleague who used to raant about HiViz, until we pointed out...........


    HiViz tends to be yellow - so are the lines along the access road, and the speed camera.. Drivers cannot see big yellow lines along the side of the road or the speed camera - what makes you think they will see a yellow jacket?
    <b><i>He that buys land buys many stones.
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