Opinions?

[Hagar]

[quote]In Belgium we don't have a points system. Also, unlike in the UK, if I permit you to drive my car, you are covered under my insurance... I find this system to be much better, indeed it's the cheapest way to get your car/motorcycle insured if you're under 25. Ask your parents to do it for you and permit you.

[Jeff.Guo]

Now, good luck proving that he loaned her the car with the intent for her to kill those two youngsters.

He didn't exactly loan her the car. She is described in the news reports as a fellow company director & partner. It doesn't elaborate on the latter but that could be business partner, girl-friend or both. Rather like asking your wife to drive you home after a party.

He has already been tried & sentenced so this means the case was proven. I'll be interested to see the results of the appeal.

My point is that the prosecution and jury failed to make the much needed ethical (and perhaps judicial) distinction here.

What they're holding him responsible for is pretty much as if we were to hold Hitler's mother responsible for war crimes because she didn't abort him....

In the states, the most he would be charged with is reckless endangerment and negligent homicide, but because he was intoxicated and he did allow another person to drive him, it'd be a landmark case if he was actually convicted.

...the lady would probably be spending a good few years in the slammer though.

[Hagar]

My point is that the prosecution and jury failed to make the much needed ethical (and perhaps judicial) distinction here.

I agree about the charge being suspect but, as I said earlier, I'm no legal expert. According to the reports there is one precedent & the verdict was overturned on appeal.

...the lady would probably be spending a good few years in the slammer though.

The driver in this case has already been sentenced to 7 1/2 years jail.

[eno]

I love the way my posts get ignored. 

[Hagar]

[quote]I love the way my posts get ignored.

[Apex]

In my opinion, in this case, both parties should be held responsible.

[eno]

I believe the definition of Murder in England & Wales is that it's a premeditated act. There is no suggestion that either occupant of the Jaguar involved in this accident (for want of a better description) intended hurting anyone so manslaughter might be a better equivalent.

I'm still not comfortable with this conviction. If passengers in a private car can be held equally responsible with the driver for driving offences I think this case opens a whole new can of worms. It gives a new meaning to the term "back seat driver".

You miss the point ......... A vehicle in a case of "Causing death by dangerous driving" is considered as the weapon and therefore the equivilent of carrying a loaded gun. In this case the gun went off and killed someone. Some and in this case the jury, considered getting into the car whilst drunk and driving it, a premeditated act. If there had been a consideration of no premeditation they would have been convicted of the lesser charge of Death by careless driving, the equivilent of manslaughter.
So under Joint Enterprise he is just as guilty as her, even though he wasn't driving. He allowed the act to take place and given that he's been found guilty he did nothing to prevent her dangerous driving. To answer the question about responsibility in a car anyone over the age of 14 is considered responsible for their own ..... and others actions in a vehicle, this also applies to buses and coaches although in the case of these vehicles the driver has added responsibilities.