"Sylvia Else" wrote in message
news:4826e11c$0$13944$afc38c87@news.optusnet.com.au...
> Phil Allison wrote:
>> ** Hi to all,
>>
>> The recent incident in Sydney involving some 50 bicyclists brought down
>> on the highway by the deliberate act of a motorist seems very much a
>> criminal matter - but what criminal charge can the NSW police use ?
>>
>> Driving offences have been mentioned by the police, eg failing to stop
>> after an accident - but what happened is way more serious than that. I
>> see two possibilities in the NSW Crimes Act: Sections 51A and 52AB.
>>
>> The first is called "Predatory driving" and the second is " Offence of
>> failing to stop and assist after vehicle impact causing death or grievous
>> bodily harm ". Far as we know, by great luck no rider was seriously
>> injured, so the second is out.
>>
>> Predatory driving is shown here:
>>
>> http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s51a.html
>
> 51A(1)(b) might be difficult to prove, particularly if the distances
> involved were such that he could reasonably expect the bicycles to stop if
> they'd had braking ability similar to vehicles.
>
> Sylvia.
Well this really irks me, that he could reasonably expect the bycycles to be
able to stop.
The action if not caused by a fault in the car/vehicle, the only intent
possible to be read from the action is intention to cause tje bycycles
persons to run into the back of his car, or at the least cause them to fall
and injure themselves in attempts to stop.
And courts should be able to diseminate between actions that would appear to
be deliberate attempts to injure as against accidental damage. Presumably
why we support such high incomes for our judges and law makers.
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