vehiclular manslaughter is really just a way of saying 'reckless causing death'. Have a read of this> http://www.legislation.govt.nz/act/p...rder_resel&p=1 to see why manslaughter is not often bought to the courts for autocide. Click the *next* button to see further sections about manslaughter
As far as I see, simply bumping penalty up with each aggravating instance would result in 'life' being given for - say - 'aggravated reckless driving causing death', instead of the current 3 years prison for 'aggravated careless causing death', or 5 years for 'dangerous/reckless causing death' (there is no current charge of 'aggravated dangerous/reckless causing death')
If the guy was "well known to the Police" is it too much to assume the police knew where he lived? If the police hadn't gone into pursuit mode, but instead backed off, would the guy have run the red? Couldn't they then just turn up at his house later?
Not in any way trying to excuse the driver, and if HE had died in the pursuit I would be saying well too bad, but taking out two innocents - is that really worth it?
it's not a bad thing till you throw a KLR into the mix.
those cheap ass bitches can do anything with ductape.
(PostalDave on ADVrider)
This bit is interesting about the definition of Murder...
(d) if the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.
90km/h through a stop sign..?
You don't get to be an old dog without learning a few tricks.
Shorai Powersports batteries are very trick!
1. If he's known to the Police, it's likely he's of NFA.
2. I'd say they only found out who he was after he crashed.
3. He was doing 90-odd down Ferry Rd. If the Police saw him, said oh it's blah blah - we'll go and get him later - he subsequently crashed anyway and killed someone - who would be comfortable with THAT outcome?
Cars need to be treated just like firearms. Given this fuckwit was already disqualified, who lent or sold him a car?
If I lend you one of my rifles, I have to see your firearms licence, if I don't there are huge fines, jail time and loss of firearms licence for life.
Cars should be no different. Those who assist disqualified drivers by the provision of said vehicles are just as guilty of the outcome and should be charged as such.
"Beer is living proof that God loves us and wants us to be happy" - Benjamin Franklin
Point taken. I thought this also interesting and means that he could be charged with Culpable Homicide.
160 Culpable homicide
(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person
(a) by an unlawful act; or
(b) by an omission without lawful excuse to perform or observe any legal duty; or
(c) by both combined; or
(d) by causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) by wilfully frightening a child under the age of 16 years or a sick person.
(3) Except as provided in section 178, culpable homicide is either murder or manslaughter.
(4) Homicide that is not culpable is not an offence.
Compare: 1908 No 32 s 175
You don't get to be an old dog without learning a few tricks.
Shorai Powersports batteries are very trick!
Looking at the points above from Marty & edbear this should come under the 3 strikes act.
also as above its about time you needed a licence to buy a car or bike.
And for all you saying they should have just let him go, on ZB this morning they said that the cops pulled up behide him and as the lights turned green they put their lights on to make the stop to which the driver took off and ran the next set and crashed.
how do they know some one will run untill they go to stop them?
maybe we just put cameras in all the cars and at the end of a shift they download the footage and send a ticket to the registed owner.
Absolutely. The means of charging someone with Manslaugther is already there, and it is definately used on occasion. I'm simply advocating a stepped penalty rate specific to driving offences.
That's why I mentioned the 3 degrees of murder as in the US, I agree. However even without that, if the courts would seek to lay the heaviest charges available now and bring down judgements on the top end of the scale rather than the lowest charge they can, it might make a difference.
You don't get to be an old dog without learning a few tricks.
Shorai Powersports batteries are very trick!
In Chch there are gangs with prospects who are keen to prove them selfs. Let them have a accident real close to any driver that kills an innocent while fleeing the police. I wouldn't have a problem with it being fatal. Afterall he is 20 just at the begining of his killing spree. We would prefer that he doesn't reoffend. Regards Richard
Regards Richard
Growing old is mandatory Growing up is purely optional
Retired teenager
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