A Judge with a Brain, finally

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Frijj said:
The judge went against the medical advice of a doctor and knowingly sent this man to prison to die there.

This is not a case to be celebrated one way or the other, it is sickening and shameful that you’d use this to gain attention for yourself on here.
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The legal system shouldn’t be beholden to a doctor. Don’t do the crime if you can’t do the time, old son.
 


TDalt said:
The legal system shouldn’t be beholden to a doctor. Don’t do the crime if you can’t do the time, old son.
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So if a psychiatrist presents evidence to the court that the accused (in a hypothetical case, not this) is severely mentally ill, then they should be put into a regular prison and not a secure psychiatric facility?
 
sidneyeric said:
Do you think sending an 87 year old bloke to his death is justice ? what about refusing bail until an appeal is heard even though it would kill him ? judge got this very wrong and should at the very least step down.
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Why am I not surprised? Every thread around justice on here, you come in defending the criminal element.

Any 87 year old has a fair chance of dying inside due to the fact they have already lived beyond life expectant in this country. Unlike the 64 women who’s life was cut short.

I did say it was tragic, but where do you draw the line on culpability?
 
Lone Wolf said:
Why am I not surprised? Every thread around justice on here, you come in defending the criminal element.

Any 87 year old has a fair chance of dying inside due to the fact they have already lived beyond life expectant in this country. Unlike the 64 women who’s life was cut short.

I did say it was tragic, but where do you draw the line on culpability?
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There was medical evidence that said if he was sent to jail he would die, she sent him to jail anyway and he died, she even refused bail pending an appeal, that is not justice, If you did just the smallest amount of research you'd see just how corrupt the justice system in this country is, the "criminal element" are not always in the wrong.
 
Horrible all round tbh

I do think that after a certain age there should be yearly check ups for driving. It's a strange one though as you may get an 80 year old who is absolutely fine to drive but others who are a danger.
 
BigPeter said:
Horrible all round tbh

I do think that after a certain age there should be yearly check ups for driving. It's a strange one though as you may get an 80 year old who is absolutely fine to drive but others who are a danger.
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There needs to be a system like. Unfortunately whomever gives the test needs to be immune from legal action if they clear someone who then crashes.
 
Tragic all round this story.
Frijj said:
There needs to be a system like. Unfortunately whomever gives the test needs to be immune from legal action if they clear someone who then crashes.
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Well it should just be the standard driving test. That's about as fair as you can make it. Every five years from the age of 60 and every other year for those 80 plus seems sensible. Impossible to stops all incident but it should reduce them signifigantly.
 
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Frijj said:
An OAP accidentally killed a woman in a car park, allegedly by accelerating instead of braking.

Despite his GP presenting medical evidence on the significant harm likely to be befall the accused if imprisoned, the judge overruled it, and gave him a custodial sentence anyways.

The accused died within a fortnight of being sent to prison.

I can only assume the OP is on a wind-up, a sickening one though, to be sure.
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Not evidence, really. We're not told what this "life threatening illness" was that he thought he would suffer, but a heart attack isn't normally described as an illness anyway.

That said, I'm not sure why he needed to go to jail unless there were other circumstances that we're not told about.
 
pillars of hercules said:
It was an accident and can't see how prison helps anyone in this case. It's not the responsibility of anyone to take someone's keys away really. We should have a quick re-test every couple of years when we're older to make sure people are safe to drive. He shouldn't have been driving but I bet he was devastated.

A quick test every 5 years for everyone else as well. Not a big one, but just to show safe driving and awareness.
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It wasn’t an accident, it was his fault and no matter the age there should be consequences to his actions. If it was a member of my family I would want him punished with the same vigour as if he was 1/2 his age.
 
Frijj said:
An OAP accidentally killed a woman in a car park, allegedly by accelerating instead of braking.

Despite his GP presenting medical evidence on the significant harm likely to be befall the accused if imprisoned, the judge overruled it, and gave him a custodial sentence anyways.

The accused died within a fortnight of being sent to prison.

I can only assume the OP is on a wind-up, a sickening one though, to be sure.
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Would this be the same GP who since age 70 had signed off (every 3 years) on this gentleman's fitness to drive (as he has to renew his license every 3 years)? I'm pretty sure that this condition the gentleman had has been around for a while and, if the GP knows about it, why didn't he remove his driving privileges? if he is a risk in an environment where he is monitored then driving should be the last thing he's allowed to do.
 
sidneyeric said:
There was medical evidence that said if he was sent to jail he would die, she sent him to jail anyway and he died, she even refused bail pending an appeal, that is not justice, If you did just the smallest amount of research you'd see just how corrupt the justice system in this country is, the "criminal element" are not always in the wrong.
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I don’t know the legal system very well, what would have been the alternative to a custodial sentence?
 
Maple Leaf Mackem said:
Would this be the same GP who since age 70 had signed off (every 3 years) on this gentleman's fitness to drive (as he has to renew his license every 3 years)? I'm pretty sure that this condition the gentleman had has been around for a while and, if the GP knows about it, why didn't he remove his driving privileges? if he is a risk in an environment where he is monitored then driving should be the last thing he's allowed to do.
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That’s making the assumption that his condition rendered him unfit to drive. I don’t believe that is the argument. The argument is that his condition renders him unfit to serve a custodial sentence.
 
Frijj said:
That’s making the assumption that his condition rendered him unfit to drive. I don’t believe that is the argument. The argument is that his condition renders him unfit to serve a custodial sentence.
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If someone is likely to drop off the twig by simply being in prison, I would hazard a guess that the same is true if he's on the outside.

I have an aunt of the same age who's driving privileges were removed by her GP and she had no ""life threatening" conditions. The GP just considered it prudent she not be driving. I appreciate that people who have been driving for decades don't want to stop, but that is why the system is in place so an Independent opinion can call time on it
 
cornish mackem said:
It wasn’t an accident, it was his fault and no matter the age there should be consequences to his actions. If it was a member of my family I would want him punished with the same vigour as if he was 1/2 his age.
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I disagree. It was an accident in that he had no intent and believe he went out with the intention of driving safely. He shouldn't have been on the road and probably knew this. Many old people will be in this situation and the law should change.

I'm not saying he isn't guilty or shouldn't be punished but I'm not in favour of prison sentences for people who pose no threat to society and believe alternative punishment should be found.
 
Maple Leaf Mackem said:
If someone is likely to drop off the twig by simply being in prison, I would hazard a guess that the same is true if he's on the outside.

I have an aunt of the same age who's driving privileges were removed by her GP and she had no ""life threatening" conditions. The GP just considered it prudent she not be driving. I appreciate that people who have been driving for decades don't want to stop, but that is why the system is in place so an Independent opinion can call time on it
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I don’t disagree that we need to have a system in place to ensure that older drivers who can no longer safely drive are prevented from doing so, but on the basis of the facts presented so far there is no evidence that he was unfit to drive, as far as I can tell.
 
pillars of hercules said:
I disagree. It was an accident in that he had no intent and believe he went out with the intention of driving safely. He shouldn't have been on the road and probably knew this. Many old people will be in this situation and the law should change.

I'm not saying he isn't guilty or shouldn't be punished but I'm not in favour of prison sentences for people who pose no threat to society and believe alternative punishment should be found.
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Accident means that nobody was at fault and couldn’t be avoided and this very much could have been avoided. There no accidents on roads anymore and they are called collisions as there is normally fault.
I’ve been out to hundreds over the years and they have always been because of someone’s failings, so no accident.
Even the bloke who crashed into a bus stop when his brakes didn’t work, that was the fault of the garage he just left not doing their job well.
The bus driver hitting a cyclist, the bus driver not looking etc etc
 
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