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Re: Bicycle crash - what charge ? Posted on: Sat, 10 May 2008 09:26:12 +1000


"Ray Murphy"
"Phil Allison"
>
>>> 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.
>
> RM: It ~is~ weird, because some motorists may wish to
> damage an expensive car with predatory driving - without any
> intention of harming any occupant, but they would not be guilty
> of preditory driving.


** There is nothing * weird * at all - .wit.

One can damage a car when it is parked and empty.

That crime is called malicious damage.



>>> 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.
>
>
> Now read S.51A again s-l-o-w-l-y this time, Phil
>
> (1) Take particular note of the words "that causes [..] an impact'"
> (Impact causes "damage" Phil.)


** An " impact " may cause no damage and you snipped the crucial word "
threatens ".

Here is the whole line:

" (a) engages in a course of conduct that causes or threatens an impact
involving the other vehicle, and "

So, I repeat:

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

Dickhead.


> (2) Also -- "intends [..] to cause [....] actual bodily harm"


** Which is not actual harm but a thought existing in the culprits head.

Seek a remedial reading course now.

Cos your reading is completely .ed.



....... Phil

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