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Re: Bicycle crash - what charge ? Posted on: Fri, 9 May 2008 21:49:14 +1000


"Ray Murphy"
>
>> 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.

** Shame about this bit:

" (3) In this section:

"impact" involving a vehicle includes:
(a) an impact with any other vehicle or with a person or object, "


I pointed *directly* to this but you simply did not bother to read it .


> It's weird to see in S51A how BOTH (a) and (b) must exist for
> the offence of "predatory driving" can be committed.

** Not weird at all - it is bleeding obvious that intent to harm a person
must exist.


> 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.


** Section 51A has nothing to say about causing actual damage or bodily
harm.

It is entirely about driving behaviour and intent.

The title alone tells you that.

Ever considered a remedial reading course - pal ??

Cos you .ing need one.




...... Phil








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