View Full Version : Law dilemma - hyperthetical situation, don't panic!


Pauly
17-02-2005, 16:16
If you were driving drunk and happen to hit and kill an illegal immigrant, :shocked:, would you be able to argue the manslaughter charge on the grounds that he shouldn't have been in the country for you to hit in the first place?

You'd obviously be done for drunk-in-charge but you can't have everything can you. :blush:

Please don't take this too seriously people. I'm not planning to go out and kill immigrants, neither am I encouraging others to do so. Mods, I'll understand if this thread gets pulled but hey, I was only curious. :)

royjames
17-02-2005, 16:20
Lol that is a very good question,not sure what the answer is though,dont want to get a bad name.

nick2
17-02-2005, 16:21
You'd probably get away with it, most drink-drivers do.

*Twinkle*
17-02-2005, 16:27
Wait until I've finished my law degree, then I'll get back to you! lol!
If I were cross examining you, I'd be making the point that what both of you were doing was illegal (ie driving whilst under the influence of alcohol and living in a country illegally) but the illegal immigrant's offences did not result in a death, where as yours did. So yeah, you wouldn't get off with it.

Its similar to the differences between street crime and corporate crime. Both happen and we are all aware of both of them, but street crime has individual victims whereas its big businesses which are hit by corporate crime. There you go, bit of sociology for you :-)

march
17-02-2005, 16:33
I reckon you would still get done. There not going to let you off killing someone because they shouldn't of been there.

On a similar subject should a driver who causes a serious accident were by some amazing luck the passenger in the car doesn't die be treated any differently than if they had died. He was still just as drunk, just as reckless etc only very lucky someone didn't die, what is the difference in their crime??

Pauly
17-02-2005, 16:40
Well I did say not to take it too seriously. It was more of a joke post than anything. :D Honestly don't believe they'd get off with the manslaughter charge but I found it mildly amusing when my workmate came out with it today. :lol:

Nice to see you Caprice. Not spotted you for ages. :thumbsup:

*Twinkle*
17-02-2005, 17:36
Nice to see you Caprice. Not spotted you for ages.

Thanks! Been busy, new job/car etc :-) Just got the internet in the flat, so I'm popping on quite a bit.
Anyways, back on track - good post, I like it! This is exactly the kind of thing I'll be doing in my degree I should imagine! Keep 'em coming!

Squeaker
17-02-2005, 17:46
Legally you would be prosecuted under Section 1: Causing Death by Careless Driving when under the influence of drink or drugs

The max penalty is 10 years.

Pauly
17-02-2005, 19:07
Good job we didn't hit the bloke today then....and also a good job my work mate was sober. :P

Phanerothyme
17-02-2005, 19:38
Originally posted by Pauly
If you were driving drunk and happen to hit and kill an illegal immigrant, :shocked:, would you be able to argue the manslaughter charge on the grounds that he shouldn't have been in the country for you to hit in the first place?

IANAL

No. It's not a question of whether the law protects them, it's whether it prohibits you being drunk in charge of a vehicle, driving dangerously and causing death.

Simple.

What a strange question.

Pauly
17-02-2005, 19:55
As I said, not to be taken seriously. :roll:

Squeaker
18-02-2005, 11:03
Originally posted by Pauly
Good job we didn't hit the bloke today then....and also a good job my work mate was sober. :P

You nutter, how do know he was an illegal immigrant!!!??

Pauly
18-02-2005, 15:02
Do I really have to say it again? :roll: