Best fully star out that sweary before you get a telling off.D18241 said:still it should have been classed as manslaughter , so if i go steal a car cant drive and hit some body while speeding ill only get 3months its ....... stupid
Why should he be punished harder?GSXRMovistar said:I understand that he wasn't done for dangerous driving and that in situations such as this is could have even been a pedestrians fault (ie running out into the road) but the fact still stands that if he wasn’t breaking the law and driving without insurance/license then he wouldn’t have been in this position and therefore he should be automatically punished harder for a death that directly relates to him driving unlawfully, otherwise why in hell do any of us bother to follow the laws of this country.
D18241 said:still it should have been classed as manslaughter , so if i go steal a car cant drive and hit some body while speeding ill only get 3months its ******* stupid
Cueball said:Why should he be punished harder?
He was most likely driving within the confides of the law, i.e. not recklessly and not speeding. The child most likely stepped out onto the road. Whether it had been an illegal immigrant or whether it had been your own mother would have made no difference--the end result would be the same: child hit and killed.
His crimes were:
Using stolen property;
Leaving the scene of a crime;
Driving with no tax/insurance;
Driving with no drivers licence.
If someone hits a kid who just stepped out onto the road and left the road user with no time to react, does it matter if the guy was driving illegally or or not? No. His legalities and whether he should be driving or not wouldn't have changed the outcome. It could quite as easily have been an old lady driving her Nissan Micra down the road who mowed down the kid when the kid stepped out into traffic.
Therefore, as mad as you are, he is not guilty of murder. Ask yourself this: you're driving down the road doing 28.5 MPH in a 30 MPH zone. All of a sudden, a meter away, a little kid steps out onto the road. You can't react in time and so you mow her down. How is that your fault? Whether you had tax/insurance/drivers licence or not is irrelevant, what is relevant is the fact that you weren't driving dangerously when the kid stepped out in front of you and got hit.
Cueball said:Ask yourself this: you're driving down the road doing 28.5 MPH in a 30 MPH zone. All of a sudden, a meter away, a little kid steps out onto the road. You can't react in time and so you mow her down. How is that your fault?
Yes it is, because if I didn’t have any of these then there’s no way I’d be on the road driving and this death would have been avoided.Cueball said:Whether you had tax/insurance/drivers licence or not is irrelevant,
Did he steal a car?D18241 said:still it should have been classed as manslaughter , so if i go steal a car cant drive and hit some body while speeding ill only get 3months its stupid
Driver Mohammed Hussain, 26, admitted careless driving, having no licence or insurance, failing to stop and failing to report an accident.
It doesn't say anywhere that he stole the car - in fact, it seems to give the impression that he didn't. That'll be why he wasn't tried for it, then.In addition to the driving offences, Hussain admitted handling stolen goods when he appeared at Burnley Magistrates' Court on Friday.
My first instinct is to agree with you, but I'd like to read a bit more about it before making a judgement - for all I know there could be a good reason why the punishment is generally so small.dirtydog said:It's hard to know what to make of this. I do think that the sentence should have been more like three years, but only because I think driving without a license and insurance are serious crimes. I accept that in the UK the courts don't jail people for those things, so in that respect his sentence may well be 'correct' in that sense.
Arcade Fire said:Am I right in thinking that a five-year ban and a three month jail sentence are unusually high for the crimes this guy committed?
Arcade Fire said:Did he steal a car?
It doesn't say anywhere that he stole the car - in fact, it seems to give the impression that he didn't. That'll be why he wasn't tried for it, then.
robmiller said:You must know what most people are like when crossing roads, whether or not they have kids - the number of people I've had to slam the brakes on for when they've just strolled out across the road without looking is insane.
Once for real and once cos I had the classic kids ball come bouncing out from behind some parked cars and with visions of a kid coming running out I braked hard needlessly as it turned out - BTW this was my driving test and I passed. Driving for 21 years.dirtydog said:I must admit I can't remember needing to slam the brakes on for a pedestrian either, and I've been driving for 16 years in July.. hmm.
VIRII said:I have been driving a good decade longer than you, I also spent 3 years as a driver/courier and I can't recall the last time I had to "slam the brakes on" for a pedestrian.
Perhaps you're driving far too fast as the other alternatives are you live in an area where pedestrians are peculiarly reckless roadcrossers or you aren't paying enough attention to the roads.
Visage said:But i'm sure you wouldnt argue that because its never happened to you that it never happens to anyone.....
I was just wondering that when I read it. I guess he didn't steal it and simply got/bought it from someone else.Arcade Fire said:Did he steal a car?
It doesn't say anywhere that he stole the car - in fact, it seems to give the impression that he didn't. That'll be why he wasn't tried for it, then.
I think its worth about a 1/3 reduction maybe more cos he turned himself in.Weebull said:Also, I'd guess that part of the reason he got a small sentence (other than the fact that he commited neither murder nor theft, despite what you'd initially think), is because he turned himself in and pleaded guilty. I imagine that shaved some time off any sentence he'd get.