The law is an ass.

[Augustus Winthrop]

Clowne: Man 'seeking revenge' drove van into eight people

I am sure some legal eagles will be able to come up with the definition of why he wasn't convicted of attempted murder but he drove at
people three times in his van. The judge said it was "miraculous" that no-one was killed yet still only gets eleven years for manslaughter?

 

[Tuono]

Clowne: Man 'seeking revenge' drove van into eight people

The judge said it was "miraculous" that no-one was killed yet still only gets eleven years for manslaughter?

Eh?
11 years for something that didn't happen sounds a bit harsh to me.

 

[Augustus Winthrop]

Eh?
11 years for something that didn't happen sounds a bit harsh to me.

Eh?

 

[ClassicDom]

Clowne: Man 'seeking revenge' drove van into eight people

I am sure some legal eagles will be able to come up with the definition of why he wasn't convicted of attempted murder but he drove at
people three times in his van. The judge said it was "miraculous" that no-one was killed yet still only gets eleven years for manslaughter?

How could he have possibly been convicted of manslaughter when nobody died?

 

[DieselBert]

"Pass an extended driving test" So he used a van as a weapon but when he gets out as long as he remembers how to parallel park he can drive again. I would think a lifetime driving ban would be a given in this situation nevermind a much longer sentence

 

[Augustus Winthrop]

How could he have possibly been convicted of manslaughter when nobody died?

Apologies, I worded it wrongly.
How can it be attempted GBH and not attempted murder when he drove at them three times?

 

[soapster]

Jury decision after trial.

 

[Augustus Winthrop]

Jury decision after trial.

Thanks for that very illuminating reply, it explains everything

 

[Super Elmo]

Apologies, I worded it wrongly.
How can it be attempted GBH and not attempted murder when he drove at them three times?

To prove attempted murder you’ve got to prove an attempt to kill as opposed to attempting to cause really serious harm. Hardest offence to prove really.

 

[Augustus Winthrop]

To prove attempted murder you’ve got to prove an attempt to kill as opposed to attempting to cause really serious harm. Hardest offence to prove really.

Thanks, I understand what you are saying, I just thought driving at a group of people three times and leaving one person in a coma needing round the clock care might constitute more than GBH

 

[Tex]

To prove attempted murder you’ve got to prove an attempt to kill as opposed to attempting to cause really serious harm. Hardest offence to prove really.

Maybe the punishment for attempted murder should be the same as for murder?

Especially if the law’s perspective is about intent. I tried to blow someone’s head off with my magnum but he moved or I’m a lousy shot so I just I injured him with a flesh wound, therefore I get five years instead of life? Doesn’t seem right.

 

[Qwerty]

To prove attempted murder you’ve got to prove an attempt to kill as opposed to attempting to cause really serious harm. Hardest offence to prove really.

Deliberately driving into someone should be enough to prove his intention to kill.

 

[38Red]

Thanks, I understand what you are saying, I just thought driving at a group of people three times and leaving one person in a coma needing round the clock care might constitute more than GBH

The police and DPP agreed with you and he was charged with attempted murder but acquitted. As Super Elmo posted above, it's very hard to prove intent to kill in a case like this.

 

[Select coaches]

"Pass an extended driving test" So he used a van as a weapon but when he gets out as long as he remembers how to parallel park he can drive again. I would think a lifetime driving ban would be a given in this situation nevermind a much longer sentence

Is that so next time he tries it he might be more successful?

 

[Super Elmo]

Maybe the punishment for attempted murder should be the same as for murder?

Especially if the law’s perspective is about intent. I tried to blow someone’s head off with my magnum but he moved or I’m a lousy shot so I just I injured him with a flesh wound, therefore I get five years instead of life? Doesn’t seem right.

the sentence for an attempt usually is fairly similar but obviously here wasn’t convicted of the attempt.

I represented someone who got 17 years for attempted murder of her own son.

 

[38Red]

the sentence for an attempt usually is fairly similar but obviously here wasn’t convicted of the attempt.

I represented someone who got 17 years for attempted murder of her own son.

Was it Steve Wraith's mum?

 

[Dogbark]

To prove attempted murder you’ve got to prove an attempt to kill as opposed to attempting to cause really serious harm. Hardest offence to prove really.

TBF purposefully driving a car/van into someone should be attempted murder(unless it was done at a crawl)

 

[FoldingStars]

"Pass an extended driving test" So he used a van as a weapon but when he gets out as long as he remembers how to parallel park he can drive again. I would think a lifetime driving ban would be a given in this situation nevermind a much longer sentence

Punishments for driving offences in this country (probably others too) are so weak it's a joke. Driving shouldn't be seen as a right, 3 points on your licence doesn't stop people speeding or being on their phone, losing your licence for a set period or even forever should be a much more common occurrence IMHO.

 

[Lester Ballard]

Maybe the punishment for attempted murder should be the same as for murder?

Especially if the law’s perspective is about intent. I tried to blow someone’s head off with my magnum but he moved or I’m a lousy shot so I just I injured him with a flesh wound, therefore I get five years instead of life? Doesn’t seem right.

Completely agree. You shouldn’t get a lesser sentence just because you ‘failed’.

“Mr Smith, you are very poor at murdering, so we will reward you for that murderous ineptitude by giving you a lesser charge”

 

[stapler]

Thanks, I understand what you are saying, I just thought driving at a group of people three times and leaving one person in a coma needing round the clock care might constitute more than GBH

Attempted murder had nothing to do with the amount of harm you cause.

If you shoot at someone, intending to kill them, you are guilty of attempted murder even if you miss, causing them no injury whatsoever.