"scream" wrote in message
news:xIbXj.1517$IK1.1055@news-server.bigpond.net.au...
>
> "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.
If bikes can't stop as well as cars they shouldn't travel `at speed'
where they have high exposure to automobiles with better safety features.
If some goose pulls up in front of me while driving and I slam into his/her
arse, it is _Reg_ that receives the ticket and liability, not the goose
up front who pulls over to answer a mobile phone call.
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