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Author: BrimstoneBrimstone Date: Dec 28, 2006 10:47
Will justice both be done and be seen to be done in this case?
If someone is severly injured both physically and mentally and suffers
financial loss through the criminal stupidity of another should the injured
party lose out simply because the perpetrator dies in the incident?
I'm with the motorcyclist on this one, after all it could just as easily
been a car. But note the biased wording in the opening paragraph, not that
one expects much else from the Daily Wail.
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=425199&in_page_id...
Death crash biker's compensation claim could make legal history
A motorcyclist who killed a 12-year-boy in a road accident is hoping to make
legal history by claiming compensation for the injuries he suffered in the
crash, it has emerged.
Antony Young, 37, from Chipping Sodbury, near Bristol, has lodged his claim
with the Criminal Injuries Compensation Authority, which only pays money to
victims of violent crime.
But his lawyers have argued that the boy, Robert Davis, was effectively
guilty of a "violent act" by deliberately running out into the road during a
game of chicken.
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Author: IanIan Date: Dec 28, 2006 11:04
"Brimstone" wrote in message
> Will justice both be done and be seen to be done in this case?
>
>
> "He lost his bike, which cost
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Author: TosspotTosspot Date: Dec 28, 2006 11:59
Brimstone wrote:
> Will justice both be done and be seen to be done in this case?
>
> If someone is severly injured both physically and mentally and suffers
> financial loss through the criminal stupidity of another should the injured
> party lose out simply because the perpetrator dies in the incident?
>
> I'm with the motorcyclist on this one, after all it could just as easily
> been a car. But note the biased wording in the opening paragraph, not that
> one expects much else from the Daily Wail.
>
> http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=425199&in_page_id...
I'm with you. The kid was playing silly buggers and an innocent
motorist gets involved. He 'knowlingly took a risk', and Darwin helped
him out, of this life, and probably the next.
Before anyone hets up on their high horse, I have every sympathy with
the parents, but he absolutely played chicken with traffic.
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Author: The CaretakerThe Caretaker Date: Dec 28, 2006 12:39
Brimstone wrote:
> Will justice both be done and be seen to be done in this case?
Commiserations to the family of the kid, but tough shit, you play
chicken there's every chance you lose. Unfortunately he did, but so did
the biker, who did absolutely nothing wrong and who deserves sympathy,
understanding and compensation.
--
The Caretaker ........
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Author: NMNM Date: Dec 28, 2006 12:56
Ian wrote:
> "Brimstone" wrote in message
>> Will justice both be done and be seen to be done in this case?
>>
>>
>> "He lost his bike, which cost £5,000, because he only had third party
>> insurance, his helmet which cost £500 and his health. "He's absolutely
>> devastated with what's happened and for the family. We don't want to upset
>> them, they've been through enough. It's just about getting justice."
>>
>>
>
> Why didn't he have comprehensive cover? He is 37, so not a young
> inexperienced rider who might have expected very high insurance rates. He
> could have suffered similar injuries and damage to his motorbike if a wild
> animal ran out in front of him instead of a child. If he isn't interested in
> the money why is he pursuing this through the CICB, a fund that is financed
> through our taxes? Surely justice was served by the death of the child that
> caused the accident.
> ...
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Author: IanIan Date: Dec 28, 2006 17:23
>"NM" wrote in message
>Ian wrote:
>> "Brimstone" wrote in message
>>> Will justice both be done and be seen to be done in this case?
>>
>>
>>> "He lost his bike, which cost
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Author: Mark GoodgeMark Goodge Date: Dec 29, 2006 01:27
On Fri, 29 Dec 2006 08:51:50 GMT, Ian put finger to keyboard and
typed:
>Is a child running out into the road committing a crime? The child's
>intention was to cause the car that they could see to deviate from it's
>course. Apparently the child was unaware of the motorcycle and therefore had
>no intention towards it. Which makes it an accident so far as the motorcycle
>was concerned.
That's one of the two key aspects of the case. It rests firstly on the
question of whether the boy's actions were criminally negligent. If
they were, then had the boy lived then the biker would have had a
cast-iron claim for compensation. The second key aspect is whether
such a claim can survive the death of the perpetrator. And that's the
unusual part of this case - the reports seem to suggest that no-one
has previously attempted to claim criminal injury compensation when
the perpetrator didn't live to be tried in court.
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Author: IanIan Date: Dec 29, 2006 01:54
"Mark Goodge" wrote in message
> On Fri, 29 Dec 2006 08:51:50 GMT, Ian put finger to keyboard and
> typed:
>
>>Is a child running out into the road committing a crime? The child's
>>intention was to cause the car that they could see to deviate from it's
>>course. Apparently the child was unaware of the motorcycle and therefore
>>had
>>no intention towards it. Which makes it an accident so far as the
>>motorcycle
>>was concerned.
>
> That's one of the two key aspects of the case. It rests firstly on the
> question of whether the boy's actions were criminally negligent. If
> they were, then had the boy lived then the biker would have had a
> cast-iron claim for compensation. The second key aspect is whether
> such a claim can survive the death of the perpetrator. And that's the
> unusual part of this case - the reports seem to suggest that no-one
> has previously attempted to claim criminal injury compensation when
> the perpetrator didn't live to be tried in court. ...
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Author: Mark GoodgeMark Goodge Date: Dec 29, 2006 03:24
On Fri, 29 Dec 2006 09:54:36 GMT, Ian put finger to keyboard and
typed:
>
>"Mark Goodge" wrote in message
>> On Fri, 29 Dec 2006 08:51:50 GMT, Ian put finger to keyboard and
>> typed:
>>
>>>Is a child running out into the road committing a crime? The child's
>>>intention...
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Author: IanIan Date: Dec 29, 2006 07:40
"Mark Goodge" wrote in message
> On Fri, 29 Dec 2006 09:54:36 GMT, Ian put finger to keyboard and
> typed:
>
>>
>>"Mark Goodge" wrote in message
>>> On Fri, 29 Dec 2006 08:51:50 GMT, Ian put finger to keyboard and
>>> typed:
>>>
>>>>Is a child running out into the road committing a crime? The child's
>>>>intention was to cause the car that they could see to deviate from it's
>>>>course. Apparently the child was unaware of the motorcycle and therefore
>>>>had
>>>>no intention towards it. Which makes it an accident so far as the
>>>>motorcycle
>>>>was concerned.
>>>
>>> That's one of the two key aspects of the case. It rests firstly on the
>>> question of whether the boy's actions were criminally negligent. If
>>> they were, then had the boy lived then the biker would have had a ...
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