Rope on cycle path

Doctor House · November 2013

Some idiot strung up a rope to take out cyclists.

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-24912111

saprkzz · November 2013

"Well designed"??? really?? two bits of rope tied..hmm no engineering degree needed i think...

That would have been great fun when your in your teens!.. being the little shizzers kids are.. too mature to do stuff like that now though..lol

navrig · November 2013

The police should be making it clear that the idiots who did this are being sought for attempted manslaughter.

I guess it probably was a prank but the message has to be clear that this was a life threatening assault.

StillGoing · November 2013

Navrig wrote:

The police should be making it clear that the idiots who did this are being sought for attempted manslaughter.

I guess it probably was a prank but the message has to be clear that this was a life threatening assault.

Attempted manslaughter? There's no such offence. :roll:

It's feking stupid and an assault if anyone is injured. If you intend to kill someone it's murder and if they survive or you fail in the attempt, it's attempted murder (which this isn't by the way).

sloppyschleckonds · November 2013

Sounds ropey

Moonbiker · November 2013

If they were really :twisted: they would of used piano wire

bernithebiker · November 2013

I would point the finger at the KOM holder for that segment......

lewiskinch · November 2013

philthy3 wrote:

Navrig wrote:

The police should be making it clear that the idiots who did this are being sought for attempted manslaughter.

I guess it probably was a prank but the message has to be clear that this was a life threatening assault.

Attempted manslaughter? There's no such offence. :roll:

Sometimes involuntary manslaughter is called attempted manslaughter. Basically, you aren't trying to kill anyone, but are doing something really stupid that puts others lives at risk

chris_bass · November 2013

lewiskinch wrote:

philthy3 wrote:

Navrig wrote:

The police should be making it clear that the idiots who did this are being sought for attempted manslaughter.

I guess it probably was a prank but the message has to be clear that this was a life threatening assault.

Attempted manslaughter? There's no such offence. :roll:

Sometimes involuntary manslaughter is called attempted manslaughter. Basically, you aren't trying to kill anyone, but are doing something really stupid that puts others lives at risk

I thought thats what manslaughter is? if you were trying to kill someone then it would be murder, wouldnt it?

StillGoing · November 2013

There is no offence in law of attempted manslaughter. If you are trying to kill someone it is attempted murder. If someone dies as a result of your negligence or because you assaulted them with no intention of killing them, then manslaughter would be the offence. If you assault someone and they don't die, or you are negligent exposing someone to the risk of a fatality, it is not attempted manslaughter. The offence would simply be the level of assault or a breach of whichever H&S regulation was applicable.

Manslaughter is a complex offence, for instance a stranger wandering over a bridge seeing a child drowning in the river below, can stand and watch it die without it being an offence in law. Morally wrong, but not manslaughter through negligence. The parent of the child however would commit the offence if they stood by and watched doing nothing.

A woman whose husband gets drunk every night, comes home, batters her black and blue, falls asleep in the chair and then later wakes up and rapes her, may have a defence of manslaughter if she intentionally kills him in genuine fear of serious violence.

http://www.cps.gov.uk/legal/h_to_k/homi ... slaughter/

dilemna · November 2013

Is Matthew Parris a suspect?

diy · November 2013

Pretty much what Philthy3 said, though without this "dies as a result of your negligence or " in the first sentence and the two examples of the drowning child and the battered wife are not ideal as they both potentially involve other offences/defences.

Wifey may actually have a defence of self defence and you don't have to be the parent to be guilty under sec 5 of domestic violence and victims act 2004, which I assume is the crime illustrated in the drowning child scenario, though I'm not convinced its a good example either.

StillGoing · November 2013

diy wrote:

Pretty much what Philthy3 said, though without this "dies as a result of your negligence or " in the first sentence and the two examples of the drowning child and the battered wife are not ideal as they both potentially involve other offences/defences.

Wifey may actually have a defence of self defence and you don't have to be the parent to be guilty under sec 5 of domestic violence and victims act 2004, which I assume is the crime illustrated in the drowning child scenario, though I'm not convinced its a good example either.

It's difficult to go into the subject thoroughly and I don't particularly want to hijack the thread. The child drowning example is an actual scenario from the Police Inspectors exam. A parent has a duty of care to their child, a stranger doesn't. Being a good samaritan isn't law. Therefore the stranger cannot commit the offence of manslaughter by neglect as there is no duty of care. I'm pretty sure they'd get a good kicking and be ousted from wherever they resided though. The answers invite you to select an offence of manslaughter when it isn't. The domestic abuse example is another question scenario designed to trick the candidate as the use of mental instability in murder has been watered down somewhat since 2010 if I remember rightly. This was due to a lot of women in a marriage they no longer wanted, murdering their husbands in the fit of an argument and claiming domestic abuse as a defence for a reduced charge of manslaughter.

rockmonkeysc · November 2013

It's no worse than the idiots with dogs on 20 foot long leads on cycle routes. Either have the furry bastard on a lead or don't.
I slow down for dog walkers and look out for the usual signs that walkers might have a dog but this morning some idiot coming through a gate on to the cycle route let his dog run across the path on a 20 foot lead. It hurt quite a lot and his lead went in the dog poop bin.

diy · November 2013

philthy3 wrote:

diy wrote:

Pretty much what Philthy3 said, though without this "dies as a result of your negligence or " in the first sentence and the two examples of the drowning child and the battered wife are not ideal as they both potentially involve other offences/defences.

Wifey may actually have a defence of self defence and you don't have to be the parent to be guilty under sec 5 of domestic violence and victims act 2004, which I assume is the crime illustrated in the drowning child scenario, though I'm not convinced its a good example either.

It's difficult to go into the subject thoroughly and I don't particularly want to hijack the thread. The child drowning example is an actual scenario from the Police Inspectors exam. A parent has a duty of care to their child, a stranger doesn't.

I'm assuming you passed ? If not read these two which will give you an idea of how the law has developed in this area:
http://www.legislation.gov.uk/ukpga/Geo ... /section/1
and http://www.legislation.gov.uk/ukpga/2004/28/section/5

but I agree the point of the debate is to establish there is no attempted manslaughter offence and the rope is really an offences against the persons issue - possibly criminal damage too.

StillGoing · November 2013

Yes I passed in 2009 but thankfully retired in July this year.

Both those examples emphasise the point that the person must have responsibility for the child and a complete stranger has none. When I did my crammer course with Paul Connor (writes the Blackstones training manuals and lectures on law) and Julianna Mitchell (Barrister and passed the BCL course), they advised that manslaughter and murder was one of the most complex offences to get your head around.

Rope on cycle path

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