Cyclist killer Gary McCourt: Crown loses appeal against 'lenient' sentence

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  • Cyclist killer Gary McCourt: Crown loses appeal against 'lenient' sentence
  • Premier Icon D0NK
    Subscriber

    intent (or stupidity in the case of negligence) and outcome both matter.

    Do something stupid/illegal and get caught you get punished
    Do something stupid/illegal and kill someone you get punished more severely, it’s a deterrent aswell as punishment

    I hit you I get charged with assault, I hit you, you trip, fall bang your head and die I get charged with manslaughter. The intent in both was to slap you round the chops in the second scenario I may have been “unlucky” but I still killed someone.

    Premier Icon MoreCashThanDash
    Subscriber

    Very disappointed with this decision, would like to find a proper summary of the facts and reasoned judgements.

    Well done the CTC/CDF for helping fund this, even though I haven’t agreed with all their recent campaigns, this one was too important to ignore.

    tpbiker
    Member

    I think the part where they kill you, rather than you live, does indeed make one more dangerous than the other and I can see no credible way to argue otherwise tbh.

    really? I think his point was fairly clear, if I have 2 identical collisions in identical circumstances, one knocks the cyclist to the left and he lands in a bush, and one knocks him to the right and his head lands on a rock and he dies, then my actions in the cause of those accidents is the same and thus equally dangerous. The consequence of my dangerous actions is what has changed.

    Doesn’t change my opinion that he should never ever be getting behind the wheel of a car again however.

    Junkyard
    Member

    The point at which they have different outcomes the scenarios are no longer identical.
    As DONK says both intent and outcome are factors in sentencing.
    You are both free to disagree but the law disagrees with you both and rightly so IMHO. The different consequences are still an effect of the “identical” incidents and you will be sentenced accordingly ie based on what you did and what happened.

    brakes
    Member

    to extrapolate, if the cyclist wasn’t there but you were still driving without paying attention, should you be prosecuted and sentenced the same as if he were?

    glupton1976
    Member

    The extended retest is supposed to provide the protection that incompetent people don’t get back on the roads

    That is a very good point when you think about it. Hopefully the guy goes to the test centre nearest to where he killed the latest cyclist. I know the person who does the extended retests there – he’s a bit fond of two wheels.

    oldgit
    Member

    I was thinking about this the other day, and started to think ‘what if these people are killers’ but instead of using guns, knives and the like they use a car.
    Think about it. A killer kills on purpose and if caught they’re pretty well bang to rights. Chose a car as you’re weapon and get caught you’re not an attempted murderer, but instead guilty of having an accident.
    Makes you wonder if any folk killed on the road were killed for kicks?

    noid
    Member

    Very disappointed with this decision, would like to find a proper summary of the facts and reasoned judgements.

    The Appeal Court Opinion is here:

    http://www.scotcourts.gov.uk/opinions/2013HCJAC114.html

    Please read it all and try to avoid quoting out of context, as actually, as is often the case with Appeal Court Opinions it is difficult to argue with the logic when you accept the boundaries that the court operates within.

    Well done the CTC/CDF for helping fund this, even though I haven’t agreed with all their recent campaigns, this one was too important to ignore.

    What did the CTC/CDF fund? Surely this case was brought by the Solicitor General / Lord Advocate?

Viewing 8 posts - 41 through 48 (of 48 total)

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