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Rtc police report contains inaccuracies, help please
Comments
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The only innacuracy (according to the OP) is where two uninjured passengers were sitting. How could this possibly affect the bus drivers actions?Like I said, there are inaccuracies in the evidence that may or may not have affected their decision. They should at least re-look at the matter in light of the corrections.
It might not make any difference, which is fine, but they should at least look at the matter again with the correct information.
This actually happens all the time in this country... prosecutors and police being persuaded to caution even after they've made the decision to charge, or re-arresting people they have previously decided to take no further action against once more information comes to light.
It's pretty standard for such decisions to be reviewed. I don't understand why this is such a hard topic to grasp.
Yes, the driver admitted liability and, yes, a decision was made, but said decision may have been different had the decision maker been in possession of the correct facts. Or it could have been the same. None of us know - it's pure guesswork!0 -
The only innacuracy (according to the OP) is where two uninjured passengers were sitting. How could this possibly affect the bus drivers actions?
Prosecution and sentencing decisions are made on two factors, culpability and harm. The culpability of the bus driver would be the same but the harm caused is, arguably, less, as the two passengers who allegedly bore the brunt of the collision were not harmed. This could play down the severity of what happened.
In effect they could be thinking 'if the two passengers in the back were unharmed, how bad could it be?'
If prosecution and sentencing decisions were made only based on the actions of the offender and not the actual result, then the same sentence should be passed on: -
1) The person who punches the victim once, giving them a black eye;
2) The person who punches the victim once, causing the victim to fall over and hit their head on the kerb, causing their death.
This is not the case and not how the law works in this country.What will your verse be?
R.I.P Robin Williams.0 -
Strider590 wrote: »Sounds like OP is more concerned with finger pointing and revenge.
Bus driver made a mistake, one that could cost his livelihood, one that could tear his family apart, one that could have his kids without a father.
But all you seem to care about is revenge.
What happened, happened, with respect to any compensation or costs, the insurance have dealt with this. Going on a hunt for blood is not going to change anything for the better. Move on and get on with your life!!!!!
Another person completely failing to understand the issues involved.What will your verse be?
R.I.P Robin Williams.0 -
Would they not be different offences, assault and manslaughter?Prosecution and sentencing decisions are made on two factors, culpability and harm. The culpability of the bus driver would be the same but the harm caused is, arguably, less, as the two passengers who allegedly bore the brunt of the collision were not harmed. This could play down the severity of what happened.
In effect they could be thinking 'if the two passengers in the back were unharmed, how bad could it be?'
If prosecution and sentencing decisions were made only based on the actions of the offender and not the actual result, then the same sentence should be passed on: -
1) The person who punches the victim once, giving them a black eye;
2) The person who punches the victim once, causing the victim to fall over and hit their head on the kerb, causing their death.
This is not the case and not how the law works in this country.0 -
The OP hasn't explained his/her motivation to spend (waste) £88 over this.Another person completely failing to understand the issues involved.
Where do you see him/her explaining he/she spent this money wanting them "to review their decision once they're made aware of the inaccuracies in the evidence."? (Bear in mind he/she only became aware of the "inaccuracies" after wasting this money)0 -
Another person completely failing to understand the issues involved.
No they are not.
Let's say for a minute the police/CPS have messed up and the driver should have faced a charge of Driving Without Due Care and Attention and was subsequently convicted and received the maximum penalty (£5,000 fine, 9pts or a ban). What impact would it have on the OP?0 -
Would they not be different offences, assault and manslaughter?
Yes. My point is that the law recognises that there are two parts to crime - culpability of the offender and harm to the victim(s). If only the culpability was taken into account then both offences would be assault.The OP hasn't explained his/her motivation to spend (waste) £88 over this.
Where do you see him/her explaining he/she spent this money wanting them "to review their decision once they're made aware of the inaccuracies in the evidence."? (Bear in mind he/she only became aware of the "inaccuracies" after wasting this money)
First post:
"I want this error corrected, and seriously wonder what bearing it had on the final decision not to prosecute the bus driver. Had I had rear seat passengers in my now written-off Fiesta, very serious injuries were likely to have been sustained by them.
But as the report falsely stated them to have been uninjured rear seat passengers in my car this gives me little doubt as to how much of a factor that had on the final decision not to prosecute that bus driver,"
I think a lot of victims, especially when they received injuries and had to go through physiotherapy, would want to have a look at the case files and make sure the investigation was conducted properly and the right decision reached.What will your verse be?
R.I.P Robin Williams.0 -
No they are not.
Let's say for a minute the police/CPS have messed up and the driver should have faced a charge of Driving Without Due Care and Attention and was subsequently convicted and received the maximum penalty (£5,000 fine, 9pts or a ban). What impact would it have on the OP?
Justice served properly?
I'm sure you'd be fine with cockups in an investigation if it involved you and yours... right?What will your verse be?
R.I.P Robin Williams.0 -
Unbeleivable, some of these rude and judgemental replies!0
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