ECCOnoob 1,037 #97 Posted January 22, 2019 (edited) A finding of liability for a road traffic accident does not and has never automatically lead to criminal investigations and potential prosecution. If it did every police force in the country and the CPS would be completely snowed under with investigations backlogged for years. The subsequent hearing of such prosecutions would collapse the court system. Unless anybody has some concrete evidence that the duke deliberately was driving without due care and attention or was deliberately undertaking negligent acts whilst controlling his vehicle what grounds for bringing charges of criminal acts could be raised? if the answer is none. Then just like 1001 other day-to-day road traffic incidents it will be left to the insurers to deal with as a civil matter. Based on the current rumours neither driver was over the alcohol limit, neither driver was deemed to be excessively speeding and neither driver appears to have done anything which was a deliberate negligent act which would be defined as intent to driving without due care and attention. I know there is a certain section who can't wait to get the head of a royal on the spike but this is getting beyond a joke. Edited January 22, 2019 by ECCOnoob Share this post Link to post Share on other sites Share this content via...
Top Cats Hat 10 #98 Posted January 23, 2019 4 hours ago, ECCOnoob said: neither driver appears to have done anything which was a deliberate negligent act which would be defined as intent to driving without due care and attention. One of them drove intentionally or otherwise, into the other one's vehicle making quite a mess of both cars. Somebody was driving carelessly! 🙄 Share this post Link to post Share on other sites Share this content via...
phil752 10 #99 Posted January 23, 2019 4 hours ago, ECCOnoob said: A finding of liability for a road traffic accident does not and has never automatically lead to criminal investigations and potential prosecution. If it did every police force in the country and the CPS would be completely snowed under with investigations backlogged for years. The subsequent hearing of such prosecutions would collapse the court system. Unless anybody has some concrete evidence that the duke deliberately was driving without due care and attention or was deliberately undertaking negligent acts whilst controlling his vehicle what grounds for bringing charges of criminal acts could be raised? if the answer is none. Then just like 1001 other day-to-day road traffic incidents it will be left to the insurers to deal with as a civil matter. Based on the current rumours neither driver was over the alcohol limit, neither driver was deemed to be excessively speeding and neither driver appears to have done anything which was a deliberate negligent act which would be defined as intent to driving without due care and attention. I know there is a certain section who can't wait to get the head of a royal on the spike but this is getting beyond a joke. Only one was coming out of a side road, onto a main road, mm which one was that, I guess it was the one that could not possibly be at fault or the one that it defiantly would be not in the public interest to prosecute. Oh and it couldn't be the one with a new land rover, wonder how the other people with injuries are getting on. Have they a new car yet? Share this post Link to post Share on other sites Share this content via...
Obelix 11 #100 Posted January 23, 2019 13 hours ago, ECCOnoob said: A finding of liability for a road traffic accident does not and has never automatically lead to criminal investigations and potential prosecution. If it did every police force in the country and the CPS would be completely snowed under with investigations backlogged for years. The subsequent hearing of such prosecutions would collapse the court system. Unless anybody has some concrete evidence that the duke deliberately was driving without due care and attention or was deliberately undertaking negligent acts whilst controlling his vehicle what grounds for bringing charges of criminal acts could be raised? if the answer is none. Then just like 1001 other day-to-day road traffic incidents it will be left to the insurers to deal with as a civil matter. Based on the current rumours neither driver was over the alcohol limit, neither driver was deemed to be excessively speeding and neither driver appears to have done anything which was a deliberate negligent act which would be defined as intent to driving without due care and attention. I know there is a certain section who can't wait to get the head of a royal on the spike but this is getting beyond a joke. Driving without due care is an offence of strict liability - it doesn't require mens rea to be present. Ergo it can be charged and prosecuted even if there was no intent. Share this post Link to post Share on other sites Share this content via...
PRESLEY 1,228 #101 Posted January 23, 2019 Some people think the Sun shines out of this family and can never see no wrong in them, get a reality check for god sake, everything this family posess is through ill gotten gains over the centuries and its still happening. Share this post Link to post Share on other sites Share this content via...
Top Cats Hat 10 #102 Posted January 23, 2019 3 hours ago, Obelix said: Driving without due care is an offence of strict liability - it doesn't require mens rea to be present. Ergo it can be charged and prosecuted even if there was no intent. Driving without due care and attention is a unique offence in that by definition it is not a deliberate act but the reckless absence of any deliberate consideration for driving in a safe way. Share this post Link to post Share on other sites Share this content via...
Obelix 11 #103 Posted January 23, 2019 4 hours ago, Top Cats Hat said: Driving without due care and attention is a unique offence in that by definition it is not a deliberate act but the reckless absence of any deliberate consideration for driving in a safe way. I'm not entirely sure what you mean by that and it's not a legal term of art I recognise. If you drive such that the standard falls below that of a careful and competent driver its DWDCA. If you do it such that it is far below that of a careful and competent driver and clearly dangerous then thats dangerous driving. Both of which do not require mens rea to be in place. I dont think in that case that theya re specifically unique in how the offence is formed - the sale of unfit meat for example would also fit the definition. But thats getting a little off track... Share this post Link to post Share on other sites Share this content via...
PRESLEY 1,228 #104 Posted January 23, 2019 The trouble here is, he is that used to driving around all of their country estates so there isn't much traffic around, if there were they would have to get out his way or he would Ramm em . Because he would knowingly get a way with it. Royal Bullies. ! Share this post Link to post Share on other sites Share this content via...
Top Cats Hat 10 #105 Posted January 23, 2019 46 minutes ago, Obelix said: I'm not entirely sure what you mean by that and it's not a legal term of art I recognise. What I'm struggling to say is that by definition, driving without due care and attention isn't an intentional act. You don't get into your car intending to drive without due car and attention just as you don't go to Morrissons intending to leave your bag for life behind. Share this post Link to post Share on other sites Share this content via...
PRESLEY 1,228 #106 Posted January 23, 2019 10 minutes ago, Top Cats Hat said: What I'm struggling to say is that by definition, driving without due care and attention isn't an intentional act. You don't get into your car intending to drive without due car and attention just as you don't go to Morrissons intending to leave your bag for life behind. Its causing damage probably by lack of concentration Share this post Link to post Share on other sites Share this content via...
Obelix 11 #107 Posted January 24, 2019 20 hours ago, Top Cats Hat said: What I'm struggling to say is that by definition, driving without due care and attention isn't an intentional act. You don't get into your car intending to drive without due car and attention just as you don't go to Morrissons intending to leave your bag for life behind. Which is why I said way above it's an offence of strict liability and there is no requirement for mens rea in the offence... Share this post Link to post Share on other sites Share this content via...
nikki-red 308 #108 Posted February 9, 2019 (edited) Hes now voluntarily given up his driving licence following the accident... https://metro.co.uk/2019/02/09/prince-philip-97-voluntarily-given-driving-licence-following-crash-8497550/?fbclid=IwAR02-g0wQJoXPVeudbuBvO0zw8Yx-rXGRtHVjAXM1aAXDRe9I6WmKDIhZZ0 Edited February 9, 2019 by nikki-red Share this post Link to post Share on other sites Share this content via...