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Wappat was charged with dangerous driving, but a jury cleared him of the charge and instead found him guilty of the lesser offence of careless driving.
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CityCyclingEdinburgh Forum » Cycling News
"jury cleared him of the charge and instead found him guilty of the lesser ..."
(17 posts)-
Posted 12 years ago #
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That is sickening. Not least because this sort of this happens far too frequently - dangerously close pass with follow-up action (especially if the victim dares to complain).
Like many here, I can not understand these cases where clearly dangerous driving is reclassed as careless. And the penalties for the latter do nothing to protect the public from these people.
Posted 12 years ago # -
From the CPS site: A person drives dangerously when:
-the way they drive falls far below the minimum acceptable standard expected of a competent and careful driver
-and it would be obvious to a competent and careful driver that driving in that way would be dangerous.
If I was Emperor, I'd decree that the jurors in this case have proven themselves to be incompetent and careless drivers, and have their licence revoked.
Vote for me!
Posted 12 years ago # -
Wow! Okay, normally I'd pop on here and say that in many cases the call over whether something is actually dangerous or not can be difficult to prove and so taking the option of 'definite' careless driving is the best course.
But.
In this case.
Just wow.
(Vote for Uberuce!)
Posted 12 years ago # -
Disgusting.
The even more sickening thing is that if they hadn't been police officers, it wouldn't have even got to court.
Posted 12 years ago # -
I have heard it said that if you are up in court then you should hope that it's a trial by jury as they are very often bizarally lenient (when you consider your average hang 'em, flog 'em man-in-the-street).
But does the involvement of cyclists skew it the other way?
There was a chilling comment at the bottom of the Scotsman's Trams Compensation article (see other thread) along the lines of, "I hope I'm on the jury for one of these cases"
Posted 12 years ago # -
PS: "There was a chilling comment..."
Another thing to add to the list: when someone is found guilty of injuring a cyclist their social media account history should be considered before sentencing.
Posted 12 years ago # -
So TWO policemen are there to act as witnesses and it only gets a careless? I guess even the police must feel "what's the point in trying" if they know that either the CPS / PF won't think there's a case or even if it does get to court a jury thinks that this sort of thing is "careless" (careless, to my mind, means "whoops guvner, didn't see you there, my mistake")
Posted 12 years ago # -
There's always a huge amount of bargaining going on between the legal folks - I've been summoned to give evidence in two cases, and neither actually went ahead because the briefs did some horse-trading and guilty pleas to some of charges were accepted along with other charges being dropped. They were both in assault cases, istr guilty to ABH was agreed, rather than trying for GBH.
The court services try to get things done as quickly as possible and so lesser charges get accepted.
Posted 12 years ago # -
The guy's a local meeja celeb. Presumably some of the jurors listen to his show, even like it.
So it's a popularity contest twixt him and two coppers who are also (hated) cyclists. Hence the jury are 'lenient'...
Posted 12 years ago # -
Another case of "I can imagine myself doing exactly the same" jury thought process?
Same as that jury that cleared the speeding, half blinded coach driver who ran down those two poor souls up north the other year.
Posted 12 years ago # -
The danger with weak sentencing/no-enforcement is that people will give up on the law. Which is when vigilantism begins...
I'll keep calling for 'undercover' cops on bikes in Edinburgh (especially ~8-10pm near where taxi drivers work).
[hi all by the way - I've not been on here for a while. The SWNHP meeting went well, will be posting some follow up stuff soon :]
[edit] "I regard this as the most severe example I’ve ever come across of careless driving" - the reporter here is basically saying that this was not 'careless' driving at all, but dangerous.
Posted 12 years ago # -
"The court services try to get things done as quickly as possible and so lesser charges get accepted."
Entirely understandable and acceptable. Except in this case it actually got to the jury deciding. No horse trading between the legal reps. The jury was given the option of finding guilty of dangerous or careless driving.
Posted 12 years ago # -
Popular radio presenter Paul Wappat has hung up his headphones and launched The Quadfather - a new quad biking attraction in Northumberland.
PAUL was the voice of North East Radio for over 15 years on stations such as Smooth and Radio Newcastle, but this year sees a change of direction for the 48-year-old who, along with his son Christopher, 17, is now facing a challenging and fun new career.
What’s your first memory?
My first memory is of me at the age of three or four running down Mason Street in Byker, where we lived, to meet my grandad. Anyone who remembers the old streets of Byker will know how steep they were. As I approached him I realised I couldn’t stop and continued at full pelt until I reached Raby Street.Awww, he's a proper Geordie canny lad.
Further on we get:
What was the most important thing in the world to you?
Most definitely my first car – an aqua green Mini, FBB 352K. You never forget your first car registration.And then:
Would the young you be pleased with the adult you?
Well, I actually wanted to be a bus driver, and I’m now doing something with four wheels and it involves petrol.A total petrolhead then.
Read more: Journal Live http://www.journallive.co.uk/lifestyle-news/now-and-then/2011/05/23/paul-wappat-talks-about-the-quadfather-61634-28734098/#ixzz2DKUI9Xsz
Posted 12 years ago # -
Aye, but what were the Judge's directions to the jury before they reached the decisions?
Posted 12 years ago # -
He can't direct them to find a certain way, he can only reiterate what the differences in the offences are. In a jury situation it's the jury that decides so if the judge influenced them either way a conviction or acquittal would be potentially unsound.
Posted 12 years ago # -
The court services try to get things done as quickly as possible and so lesser charges get accepted
I'm a witness in a rather open and shut careless/dangerous driving case. Thanks entriely to the Procurator Fiscal / Scottish Courts Service it will ne nearly 2 years between the offence and it actually possibly getting to court*. I hope that isn't a case of "quickly as possible"!
* I assume the whole time that they
guiltydefendant has been free to drive around as he pleases?Posted 12 years ago #
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