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Subject: Re: Bicycle crash - what charge ? Posted on: Fri, 09 May 2008 21:34:58 EST


"Phil Allison" wrote in message
news:68ioroF2r6feeU1@mid.individual.net...
>
> "Ray Murphy"
>
>
>> The driver indicated on radio that his car malfunctioned and
>> stopped
>> suddenly of its own accord, but hordes of expert witnesses can
>> testify
>> that a motor vehicle, because of momentum at 60 kph, cannot stop
>> suddenly unless their is a lock-up of such things as brakes or
>> transmission, so it couldn't have happened that way at all.
>
>
> ** The story is still evolving - all bets are off until the cops
> make a report and decide who if anyone to charge.
>
> My original Q still stands as to the actual intention of the odd
> wording of section 51A.

RM: Bicycles are not treated as vehicles in that section of the
Act, so section 51 couldn't be used.

It's weird to see in S51A how BOTH (a) and (b) must exist for
the offence of "predatory driving" can be committed. It's not an
offence (in that section of the Act) to deliberately damage another
vehicle without harming an occupant, but it IS an offence to cause
bodily harm.

=============
51A Predatory driving

(1) The driver of a vehicle who, while in pursuit of or travelling
near another vehicle:
(a) engages in a course of conduct that causes or threatens an
impact involving the other vehicle, AND
(b) intends by that course of conduct to cause a person in the
other vehicle actual bodily harm,
=================

> ..... Phil

Ray