• Less than 5 years jail time for this!

    From GB@21:1/5 to All on Tue Mar 19 18:22:06 2024
    https://www.bbc.co.uk/news/av/uk-england-beds-bucks-herts-68610723

    "Police said driver Nikesh Mistry, 34, had forced the rider on to the
    wrong side of the carriageway following a "non-verbal exchange" as the
    pair exited Walton Roundabout in Milton Keynes on 19 November 2022.

    The motorbike was pushed into the bridge railings, causing the rider to
    come off and fall over the edge before the car collided with an oncoming vehicle.

    The rider of the motorcycle suffered serious injuries and was airlifted
    to hospital, while the occupants of the cars were taken there by ambulance.

    Mistry, of Groundsel Close, Walnut Tree, Milton Keynes, admitted two
    counts of causing serious injury by dangerous driving and one count of
    causing grievous bodily harm with intent.

    He was jailed for four years and 10 months at Aylesbury Crown Court and
    will need to take an extended driving test before getting his licence back."


    So, Mistry deliberately pushed the motorcyclist off his bike, and must
    have come quite close to killing him.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to NOTsomeone@microsoft.invalid on Tue Mar 19 20:15:11 2024
    On 19 Mar 2024 at 18:22:06 GMT, "GB" <NOTsomeone@microsoft.invalid> wrote:

    https://www.bbc.co.uk/news/av/uk-england-beds-bucks-herts-68610723

    "Police said driver Nikesh Mistry, 34, had forced the rider on to the
    wrong side of the carriageway following a "non-verbal exchange" as the
    pair exited Walton Roundabout in Milton Keynes on 19 November 2022.

    The motorbike was pushed into the bridge railings, causing the rider to
    come off and fall over the edge before the car collided with an oncoming vehicle.

    The rider of the motorcycle suffered serious injuries and was airlifted
    to hospital, while the occupants of the cars were taken there by ambulance.

    Mistry, of Groundsel Close, Walnut Tree, Milton Keynes, admitted two
    counts of causing serious injury by dangerous driving and one count of causing grievous bodily harm with intent.

    He was jailed for four years and 10 months at Aylesbury Crown Court and
    will need to take an extended driving test before getting his licence back."


    So, Mistry deliberately pushed the motorcyclist off his bike, and must
    have come quite close to killing him.

    There is an oddity in our sentencing practice in this country that the
    sentence for causing grievous bodily harm which the victim recovers from in
    six months is about the same as when the victim is left in a coma, or severely brain damaged. The exception is attempted murder, but juries won't convict car drivers of this in most instances of dangerous driving. There is no offence of nearly causing death by dangerous driving.

    As I say, this is an oddity but I have often noticed remarkably lenient sentences in these situations, not just in driving offences but assaults generally.



    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Mark Goodge@21:1/5 to NOTsomeone@microsoft.invalid on Tue Mar 19 20:53:04 2024
    On Tue, 19 Mar 2024 18:22:06 +0000, GB <NOTsomeone@microsoft.invalid> wrote:

    https://www.bbc.co.uk/news/av/uk-england-beds-bucks-herts-68610723

    "Police said driver Nikesh Mistry, 34, had forced the rider on to the
    wrong side of the carriageway following a "non-verbal exchange" as the
    pair exited Walton Roundabout in Milton Keynes on 19 November 2022.

    https://news.sky.com/story/man-jailed-for-ramming-motorcyclist-off-bridge-in-act-of-extreme-road-rage-13097558

    "Mistry, driving a silver BMW"

    Nothing like perpetuating a stereotype, eh.

    Mark

    --- SoupGate-Win32 v1.05
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  • From Jeff@21:1/5 to All on Wed Mar 20 09:23:51 2024
    On 19/03/2024 18:22, GB wrote:
    https://www.bbc.co.uk/news/av/uk-england-beds-bucks-herts-68610723

    "Police said driver Nikesh Mistry, 34, had forced the rider on to the
    wrong side of the carriageway following a "non-verbal exchange" as the
    pair exited Walton Roundabout in Milton Keynes on 19 November 2022.

    The motorbike was pushed into the bridge railings, causing the rider to
    come off and fall over the edge before the car collided with an oncoming vehicle.

    The rider of the motorcycle suffered serious injuries and was airlifted
    to hospital, while the occupants of the cars were taken there by ambulance.

    Mistry, of Groundsel Close, Walnut Tree, Milton Keynes, admitted two
    counts of causing serious injury by dangerous driving and one count of causing grievous bodily harm with intent.

    He was jailed for four years and 10 months at Aylesbury Crown Court and
    will need to take an extended driving test before getting his licence
    back."


    So, Mistry deliberately pushed the motorcyclist off his bike, and must
    have come quite close to killing him.


    No, watch the video, the rider was pushed into the railings as a result
    of the collision between the 2 cars, it did not appear to be deliberate.

    Jeff

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to Jeff on Wed Mar 20 13:23:02 2024
    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must
    have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result
    of the collision between the 2 cars, it did not appear to be deliberate.

    Was the video you watched the one where the car has chased the motorbike
    all the way over to the far edge of the wrong side of the road, to the
    extent that the car crashes into not just the motorbike, but the barriers
    on that side of the road and also an oncoming car? And you're describing
    that, with a straight face, as "did not appear to be deliberate"?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to All on Wed Mar 20 13:35:56 2024
    On 20 Mar 2024 at 13:23:02 GMT, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must
    have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result
    of the collision between the 2 cars, it did not appear to be deliberate.

    Was the video you watched the one where the car has chased the motorbike
    all the way over to the far edge of the wrong side of the road, to the
    extent that the car crashes into not just the motorbike, but the barriers
    on that side of the road and also an oncoming car? And you're describing that, with a straight face, as "did not appear to be deliberate"?

    That beautifully illustrates the difficulty in prosecuting such crimes. Half the jury is going to think it is quite natural to chase after a motorcyclist who has disrespected them, perhaps by filtering ahead of them, and that the crash wasn't really anyone's fault, seeing he didn't intend to hit the other car.


    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Peter Walker@21:1/5 to Roger Hayter on Wed Mar 20 16:17:12 2024
    Roger Hayter <roger@hayter.org> wrote in news:4175594127.1b955a2f@uninhabited.net:

    On 20 Mar 2024 at 13:23:02 GMT, "Jon Ribbens"
    <jon+usenet@unequivocal.eu> wrote:

    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and
    must have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a
    result of the collision between the 2 cars, it did not appear to be
    deliberate.

    Was the video you watched the one where the car has chased the
    motorbike all the way over to the far edge of the wrong side of the
    road, to the extent that the car crashes into not just the motorbike,
    but the barriers on that side of the road and also an oncoming car?
    And you're describing that, with a straight face, as "did not appear
    to be deliberate"?

    That beautifully illustrates the difficulty in prosecuting such
    crimes. Half the jury is going to think it is quite natural to chase
    after a motorcyclist who has disrespected them, perhaps by filtering
    ahead of them, and that the crash wasn't really anyone's fault, seeing
    he didn't intend to hit the other car.



    I must be in the other half, what I see is attempted murder with a vehicle
    used as a weapon.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Peter Walker on Wed Mar 20 17:28:17 2024
    On 20 Mar 2024 at 16:17:12 GMT, "Peter Walker" <not@for.mail> wrote:

    Roger Hayter <roger@hayter.org> wrote in news:4175594127.1b955a2f@uninhabited.net:

    On 20 Mar 2024 at 13:23:02 GMT, "Jon Ribbens"
    <jon+usenet@unequivocal.eu> wrote:

    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and
    must have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a
    result of the collision between the 2 cars, it did not appear to be
    deliberate.

    Was the video you watched the one where the car has chased the
    motorbike all the way over to the far edge of the wrong side of the
    road, to the extent that the car crashes into not just the motorbike,
    but the barriers on that side of the road and also an oncoming car?
    And you're describing that, with a straight face, as "did not appear
    to be deliberate"?

    That beautifully illustrates the difficulty in prosecuting such
    crimes. Half the jury is going to think it is quite natural to chase
    after a motorcyclist who has disrespected them, perhaps by filtering
    ahead of them, and that the crash wasn't really anyone's fault, seeing
    he didn't intend to hit the other car.



    I must be in the other half, what I see is attempted murder with a vehicle used as a weapon.

    Well me too, but there are a lot of car fanatics about.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From GB@21:1/5 to Roger Hayter on Wed Mar 20 17:46:58 2024
    On 20/03/2024 17:28, Roger Hayter wrote:

    I must be in the other half, what I see is attempted murder with a vehicle >> used as a weapon.

    Well me too, but there are a lot of car fanatics about.


    There was no mention in the news of a charge of attempted murder, so I
    think we should avoid defaming Mr Mistry. The CPS, in coming to the
    decision not to charge attempted murder, would have had access to an
    awful lot more evidence than we do.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Colin Bignell@21:1/5 to All on Wed Mar 20 18:12:15 2024
    On 20/03/2024 17:46, GB wrote:
    On 20/03/2024 17:28, Roger Hayter wrote:

    I must be in the other half, what I see is attempted murder with a
    vehicle
    used as a weapon.

    Well me too, but there are a lot of car fanatics about.


    There was no mention in the news of a charge of attempted murder, so I
    think we should avoid defaming Mr Mistry. The CPS, in coming to the
    decision not to charge attempted murder, would have had access to an
    awful lot more evidence than we do.

    It looks to me as though it was a case of thou shalt not pass syndrome
    that went too far as the red mist descended. The head-on crash with an
    oncoming car suggests to me that the driver was so overcome with rage as
    to be oblivious of either his surroundings or the consequences of his
    actions.

    --
    Colin Bignell

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to All on Wed Mar 20 18:09:53 2024
    On 20/03/2024 05:46 pm, GB wrote:
    On 20/03/2024 17:28, Roger Hayter wrote:

    I must be in the other half, what I see is attempted murder with a
    vehicle
    used as a weapon.

    Well me too, but there are a lot of car fanatics about.


    There was no mention in the news of a charge of attempted murder, so I
    think we should avoid defaming Mr Mistry. The CPS, in coming to the
    decision not to charge attempted murder, would have had access to an
    awful lot more evidence than we do.

    Exactly.

    And no sense of playing to the gallery or any pool of jurors.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roger Hayter on Wed Mar 20 18:09:13 2024
    On 20/03/2024 05:28 pm, Roger Hayter wrote:
    On 20 Mar 2024 at 16:17:12 GMT, "Peter Walker" <not@for.mail> wrote:

    Roger Hayter <roger@hayter.org> wrote in
    news:4175594127.1b955a2f@uninhabited.net:

    On 20 Mar 2024 at 13:23:02 GMT, "Jon Ribbens"
    <jon+usenet@unequivocal.eu> wrote:

    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and
    must have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a
    result of the collision between the 2 cars, it did not appear to be
    deliberate.

    Was the video you watched the one where the car has chased the
    motorbike all the way over to the far edge of the wrong side of the
    road, to the extent that the car crashes into not just the motorbike,
    but the barriers on that side of the road and also an oncoming car?
    And you're describing that, with a straight face, as "did not appear
    to be deliberate"?

    That beautifully illustrates the difficulty in prosecuting such
    crimes. Half the jury is going to think it is quite natural to chase
    after a motorcyclist who has disrespected them, perhaps by filtering
    ahead of them, and that the crash wasn't really anyone's fault, seeing
    he didn't intend to hit the other car.



    I must be in the other half, what I see is attempted murder with a vehicle >> used as a weapon.

    Well me too, but there are a lot of car fanatics about.

    There is no problem about a murder or attempt charge using a vehicle,
    surely?

    Juries were apparently reluctant to convict in cases of inadvertence
    (hence the "CDBDD" law), but this was not that.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Pancho@21:1/5 to All on Wed Mar 20 17:48:48 2024
    On 20/03/2024 17:46, GB wrote:
    On 20/03/2024 17:28, Roger Hayter wrote:

    I must be in the other half, what I see is attempted murder with a
    vehicle
    used as a weapon.

    Well me too, but there are a lot of car fanatics about.


    There was no mention in the news of a charge of attempted murder, so I
    think we should avoid defaming Mr Mistry. The CPS, in coming to the
    decision not to charge attempted murder, would have had access to an
    awful lot more evidence than we do.


    It was clearly opinion, and hence not defamation.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to JNugent on Wed Mar 20 18:24:22 2024
    On 20 Mar 2024 at 18:09:13 GMT, "JNugent" <jnugent97@mail.com> wrote:

    On 20/03/2024 05:28 pm, Roger Hayter wrote:
    On 20 Mar 2024 at 16:17:12 GMT, "Peter Walker" <not@for.mail> wrote:

    Roger Hayter <roger@hayter.org> wrote in
    news:4175594127.1b955a2f@uninhabited.net:

    On 20 Mar 2024 at 13:23:02 GMT, "Jon Ribbens"
    <jon+usenet@unequivocal.eu> wrote:

    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and >>>>>>> must have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a
    result of the collision between the 2 cars, it did not appear to be >>>>>> deliberate.

    Was the video you watched the one where the car has chased the
    motorbike all the way over to the far edge of the wrong side of the
    road, to the extent that the car crashes into not just the motorbike, >>>>> but the barriers on that side of the road and also an oncoming car?
    And you're describing that, with a straight face, as "did not appear >>>>> to be deliberate"?

    That beautifully illustrates the difficulty in prosecuting such
    crimes. Half the jury is going to think it is quite natural to chase
    after a motorcyclist who has disrespected them, perhaps by filtering
    ahead of them, and that the crash wasn't really anyone's fault, seeing >>>> he didn't intend to hit the other car.



    I must be in the other half, what I see is attempted murder with a vehicle >>> used as a weapon.

    Well me too, but there are a lot of car fanatics about.

    There is no problem about a murder or attempt charge using a vehicle,
    surely?

    Juries were apparently reluctant to convict in cases of inadvertence
    (hence the "CDBDD" law), but this was not that.

    Juries have to be convinced of an intent to kill or inflict serious injury. "Road rage" is often interpreted as righteous indignation with no murderous intent unless the circumstances are very clear, like turning round and driving back over the victim's body.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff Layman@21:1/5 to Mark Goodge on Wed Mar 20 22:32:00 2024
    On 19/03/2024 20:53, Mark Goodge wrote:
    On Tue, 19 Mar 2024 18:22:06 +0000, GB <NOTsomeone@microsoft.invalid> wrote:

    https://www.bbc.co.uk/news/av/uk-england-beds-bucks-herts-68610723

    "Police said driver Nikesh Mistry, 34, had forced the rider on to the
    wrong side of the carriageway following a "non-verbal exchange" as the
    pair exited Walton Roundabout in Milton Keynes on 19 November 2022.

    https://news.sky.com/story/man-jailed-for-ramming-motorcyclist-off-bridge-in-act-of-extreme-road-rage-13097558

    "Mistry, driving a silver BMW"

    Nothing like perpetuating a stereotype, eh.

    <https://www.theguardian.com/business/2023/nov/11/bmw-subaru-and-porsche-drivers-more-likely-to-cause-a-crash-study-finds>

    I'm surprised that Audi aren't top of the list.

    --
    Jeff

    --- SoupGate-Win32 v1.05
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  • From Adam Funk@21:1/5 to Roger Hayter on Wed Mar 20 19:13:32 2024
    On 2024-03-20, Roger Hayter wrote:

    On 20 Mar 2024 at 16:17:12 GMT, "Peter Walker" <not@for.mail> wrote:

    Roger Hayter <roger@hayter.org> wrote in
    news:4175594127.1b955a2f@uninhabited.net:

    On 20 Mar 2024 at 13:23:02 GMT, "Jon Ribbens"
    <jon+usenet@unequivocal.eu> wrote:
    ...
    Was the video you watched the one where the car has chased the
    motorbike all the way over to the far edge of the wrong side of the
    road, to the extent that the car crashes into not just the motorbike,
    but the barriers on that side of the road and also an oncoming car?
    And you're describing that, with a straight face, as "did not appear
    to be deliberate"?

    That beautifully illustrates the difficulty in prosecuting such
    crimes. Half the jury is going to think it is quite natural to chase
    after a motorcyclist who has disrespected them, perhaps by filtering
    ahead of them, and that the crash wasn't really anyone's fault, seeing
    he didn't intend to hit the other car.



    I must be in the other half, what I see is attempted murder with a vehicle >> used as a weapon.

    Well me too, but there are a lot of car fanatics about.

    Hence the saying that if you want to kill someone, you should use a
    car for a lighter sentence.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff@21:1/5 to Jon Ribbens on Thu Mar 21 09:56:59 2024
    On 20/03/2024 13:23, Jon Ribbens wrote:
    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must
    have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result
    of the collision between the 2 cars, it did not appear to be deliberate.

    Was the video you watched the one where the car has chased the motorbike
    all the way over to the far edge of the wrong side of the road, to the
    extent that the car crashes into not just the motorbike, but the barriers
    on that side of the road and also an oncoming car? And you're describing that, with a straight face, as "did not appear to be deliberate"?


    What I am saying is that there is no clear evidence that it was the
    drivers intention to run the motorcyclist into the barrier. The bike is
    only forced into the barrier when the perusing car is pushed a
    considerable distance sideways by the impact with the oncoming car.

    Very Dangerous driving certainly, but no evidence that "Mistry
    deliberately pushed the motorcyclist off his bike"

    Jeff

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Peter Walker@21:1/5 to Roger Hayter on Thu Mar 21 10:07:42 2024
    Roger Hayter <roger@hayter.org> wrote in news:5906215605.7774f9a7@uninhabited.net:

    On 20 Mar 2024 at 18:09:13 GMT, "JNugent" <jnugent97@mail.com> wrote:

    On 20/03/2024 05:28 pm, Roger Hayter wrote:
    On 20 Mar 2024 at 16:17:12 GMT, "Peter Walker" <not@for.mail> wrote:

    Roger Hayter <roger@hayter.org> wrote in
    news:4175594127.1b955a2f@uninhabited.net:

    On 20 Mar 2024 at 13:23:02 GMT, "Jon Ribbens"
    <jon+usenet@unequivocal.eu> wrote:

    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike,
    and must have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a >>>>>>> result of the collision between the 2 cars, it did not appear to >>>>>>> be deliberate.

    Was the video you watched the one where the car has chased the
    motorbike all the way over to the far edge of the wrong side of
    the road, to the extent that the car crashes into not just the
    motorbike, but the barriers on that side of the road and also an
    oncoming car? And you're describing that, with a straight face,
    as "did not appear to be deliberate"?

    That beautifully illustrates the difficulty in prosecuting such
    crimes. Half the jury is going to think it is quite natural to
    chase after a motorcyclist who has disrespected them, perhaps by
    filtering ahead of them, and that the crash wasn't really anyone's
    fault, seeing he didn't intend to hit the other car.



    I must be in the other half, what I see is attempted murder with a
    vehicle used as a weapon.

    Well me too, but there are a lot of car fanatics about.

    There is no problem about a murder or attempt charge using a vehicle,
    surely?

    Juries were apparently reluctant to convict in cases of inadvertence
    (hence the "CDBDD" law), but this was not that.

    Juries have to be convinced of an intent to kill or inflict serious
    injury. "Road rage" is often interpreted as righteous indignation with
    no murderous intent unless the circumstances are very clear, like
    turning round and driving back over the victim's body.


    or recklessness:

    (apologies for refering out to wikipedia but the second link appears more authorative)

    https://en.wikipedia.org/wiki/Attempted_murder ("recklessly" half way
    down)

    https://www.lawteacher.net/lectures/criminal-law/committing-an- offence/mens-rea/

    ("Recklessness" one third down.)

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Peter Walker on Thu Mar 21 11:20:11 2024
    On 21 Mar 2024 at 10:07:42 GMT, "Peter Walker" <not@for.mail> wrote:

    Roger Hayter <roger@hayter.org> wrote in news:5906215605.7774f9a7@uninhabited.net:

    On 20 Mar 2024 at 18:09:13 GMT, "JNugent" <jnugent97@mail.com> wrote:

    On 20/03/2024 05:28 pm, Roger Hayter wrote:
    On 20 Mar 2024 at 16:17:12 GMT, "Peter Walker" <not@for.mail> wrote:

    Roger Hayter <roger@hayter.org> wrote in
    news:4175594127.1b955a2f@uninhabited.net:

    On 20 Mar 2024 at 13:23:02 GMT, "Jon Ribbens"
    <jon+usenet@unequivocal.eu> wrote:

    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, >>>>>>>>> and must have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a >>>>>>>> result of the collision between the 2 cars, it did not appear to >>>>>>>> be deliberate.

    Was the video you watched the one where the car has chased the
    motorbike all the way over to the far edge of the wrong side of
    the road, to the extent that the car crashes into not just the
    motorbike, but the barriers on that side of the road and also an >>>>>>> oncoming car? And you're describing that, with a straight face,
    as "did not appear to be deliberate"?

    That beautifully illustrates the difficulty in prosecuting such
    crimes. Half the jury is going to think it is quite natural to
    chase after a motorcyclist who has disrespected them, perhaps by
    filtering ahead of them, and that the crash wasn't really anyone's >>>>>> fault, seeing he didn't intend to hit the other car.



    I must be in the other half, what I see is attempted murder with a
    vehicle used as a weapon.

    Well me too, but there are a lot of car fanatics about.

    There is no problem about a murder or attempt charge using a vehicle,
    surely?

    Juries were apparently reluctant to convict in cases of inadvertence
    (hence the "CDBDD" law), but this was not that.

    Juries have to be convinced of an intent to kill or inflict serious
    injury. "Road rage" is often interpreted as righteous indignation with
    no murderous intent unless the circumstances are very clear, like
    turning round and driving back over the victim's body.


    or recklessness:

    (apologies for refering out to wikipedia but the second link appears more authorative)

    https://en.wikipedia.org/wiki/Attempted_murder ("recklessly" half way
    down)

    https://www.lawteacher.net/lectures/criminal-law/committing-an- offence/mens-rea/

    ("Recklessness" one third down.)

    Well yes, but the juror who invariably blames other parties for the result of his own driving recklessness is hardly going to accept the concept that
    driving stupidly is "reckless" as to the consequences. It's just an accident, isn't it?


    --
    Roger Hayter

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  • From Roger Hayter@21:1/5 to Jeff on Thu Mar 21 11:23:51 2024
    On 21 Mar 2024 at 09:56:59 GMT, "Jeff" <jeff@ukra.com> wrote:

    On 20/03/2024 13:23, Jon Ribbens wrote:
    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must >>>> have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result
    of the collision between the 2 cars, it did not appear to be deliberate.

    Was the video you watched the one where the car has chased the motorbike
    all the way over to the far edge of the wrong side of the road, to the
    extent that the car crashes into not just the motorbike, but the barriers
    on that side of the road and also an oncoming car? And you're describing
    that, with a straight face, as "did not appear to be deliberate"?


    What I am saying is that there is no clear evidence that it was the
    drivers intention to run the motorcyclist into the barrier. The bike is
    only forced into the barrier when the perusing car is pushed a
    considerable distance sideways by the impact with the oncoming car.

    Very Dangerous driving certainly, but no evidence that "Mistry
    deliberately pushed the motorcyclist off his bike"

    Jeff

    As someone else said, when you try to intimidate a two-wheeled vehicle with a ton of car, even if you don't specifically intend to hit it, I would very readily be convinced that the act was reckless as to potentially fatal consequences. Jurors' MMV, and usualy does.


    --
    Roger Hayter

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  • From Jon Ribbens@21:1/5 to Jeff on Thu Mar 21 13:54:50 2024
    On 2024-03-21, Jeff <jeff@ukra.com> wrote:
    On 20/03/2024 13:23, Jon Ribbens wrote:
    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must >>>> have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result
    of the collision between the 2 cars, it did not appear to be deliberate.

    Was the video you watched the one where the car has chased the motorbike
    all the way over to the far edge of the wrong side of the road, to the
    extent that the car crashes into not just the motorbike, but the barriers
    on that side of the road and also an oncoming car? And you're describing
    that, with a straight face, as "did not appear to be deliberate"?

    What I am saying is that there is no clear evidence that it was the
    drivers intention to run the motorcyclist into the barrier. The bike is
    only forced into the barrier when the perusing car is pushed a
    considerable distance sideways by the impact with the oncoming car.

    If that video was the beginning and the end of the story then you
    might, perhaps, have a plausible argument. But, of course, it isn't.

    Very Dangerous driving certainly, but no evidence that "Mistry
    deliberately pushed the motorcyclist off his bike"

    Except for the fact that he pleaded guilty to causing grievous bodily
    harm with intent? That seems like a bit of a big thing to fail to
    mention.

    I'm just confused as to why you're trying to deny things that the
    person involved has admitted to, apparently solely on the basis of
    two seconds of video that, considered at its most favourable to your
    argument, doesn't back you up.

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  • From JNugent@21:1/5 to Roger Hayter on Thu Mar 21 14:36:16 2024
    On 21/03/2024 11:23 am, Roger Hayter wrote:
    On 21 Mar 2024 at 09:56:59 GMT, "Jeff" <jeff@ukra.com> wrote:

    On 20/03/2024 13:23, Jon Ribbens wrote:
    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must >>>>> have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result >>>> of the collision between the 2 cars, it did not appear to be deliberate. >>>
    Was the video you watched the one where the car has chased the motorbike >>> all the way over to the far edge of the wrong side of the road, to the
    extent that the car crashes into not just the motorbike, but the barriers >>> on that side of the road and also an oncoming car? And you're describing >>> that, with a straight face, as "did not appear to be deliberate"?


    What I am saying is that there is no clear evidence that it was the
    drivers intention to run the motorcyclist into the barrier. The bike is
    only forced into the barrier when the perusing car is pushed a
    considerable distance sideways by the impact with the oncoming car.

    Very Dangerous driving certainly, but no evidence that "Mistry
    deliberately pushed the motorcyclist off his bike"

    Jeff

    As someone else said, when you try to intimidate a two-wheeled vehicle with a ton of car, even if you don't specifically intend to hit it, I would very readily be convinced that the act was reckless as to potentially fatal consequences. Jurors' MMV, and usualy does.

    Even very minor errors can have "potentially fatal consequences". It
    does not mean that every fatal road traffic accident must automatically
    lead to a charge of causing death by dangerous driving (or even just
    vanilla dangerous driving).

    If it were not so, there would be no need for Section 2B of the 1988 Act:

    "Causing death by careless, or inconsiderate, driving

    A person who causes the death of another person by driving a
    mechanically propelled vehicle on a road or other public place without
    due care and attention, or without reasonable consideration for other
    persons using the road or place, is guilty of an offence."

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  • From JNugent@21:1/5 to Roger Hayter on Thu Mar 21 14:32:58 2024
    On 21/03/2024 11:20 am, Roger Hayter wrote:

    "Peter Walker" <not@for.mail> wrote:
    Roger Hayter <roger@hayter.org> wrote in

    [ ... ]

    Juries have to be convinced of an intent to kill or inflict serious
    injury. "Road rage" is often interpreted as righteous indignation with
    no murderous intent unless the circumstances are very clear, like
    turning round and driving back over the victim's body.

    or recklessness:
    (apologies for refering out to wikipedia but the second link appears more
    authorative)
    https://en.wikipedia.org/wiki/Attempted_murder ("recklessly" half way
    down)
    https://www.lawteacher.net/lectures/criminal-law/committing-an-
    offence/mens-rea/
    ("Recklessness" one third down.)

    Well yes, but the juror who invariably blames other parties for the result of his own driving recklessness is hardly going to accept the concept that driving stupidly is "reckless" as to the consequences. It's just an accident, isn't it?

    There is a hierarchy of culpability for error and recklessness (however defined) within the 1988 RTA.

    As you know, it starts off with "without due care and attention" and
    runs up to "dangerous driving".

    The law does not take the view that merely making an error whilst
    driving amounts to "dangerous driving". If it did, there would be no
    need for much of the earlier parts of the Act, from Section 3 onward.

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  • From GB@21:1/5 to Pancho on Thu Mar 21 15:26:07 2024
    On 20/03/2024 17:48, Pancho wrote:
    On 20/03/2024 17:46, GB wrote:
    On 20/03/2024 17:28, Roger Hayter wrote:

    I must be in the other half, what I see is attempted murder with a
    vehicle
    used as a weapon.

    Well me too, but there are a lot of car fanatics about.


    There was no mention in the news of a charge of attempted murder, so I
    think we should avoid defaming Mr Mistry. The CPS, in coming to the
    decision not to charge attempted murder, would have had access to an
    awful lot more evidence than we do.


    It was clearly opinion, and hence not defamation.

    Can you just explain that, please. It's clearly not in the same category
    of opinion as "My MP is terrible".

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  • From Mark Goodge@21:1/5 to Roger Hayter on Thu Mar 21 20:14:58 2024
    On 20 Mar 2024 18:24:22 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 20 Mar 2024 at 18:09:13 GMT, "JNugent" <jnugent97@mail.com> wrote:

    Juries were apparently reluctant to convict in cases of inadvertence
    (hence the "CDBDD" law), but this was not that.

    Juries have to be convinced of an intent to kill or inflict serious injury. >"Road rage" is often interpreted as righteous indignation with no murderous >intent unless the circumstances are very clear, like turning round and driving >back over the victim's body.

    Murder requires a degree of premeditation which is generally incompatible
    with road rage. A more plausible charge would be manslaughter, but that is something that juries have proven reluctant to convict for when in cases
    like this.

    But, of course, the motorcyclist didn't die in this case, so it can't be
    either murder or manslaughter. And the driver was convicted of both causing serious injury by dangerous driving and GBH with intent, so it's not as if
    he's got away with a lesser charge - GBH is what it would have been
    prosecuted as had it not involved a vehicle - or been let off by a
    sympathetic jury.

    The question, therefore, is why the sentence was toward the lower end for
    GBH. That's something which only the judge can really answer, and I suspect that the sentencing remarks, if any, are unlikely to be published anywhere.
    But my guess is that the offence fell into the medium (level B) level of culpability - none of the aggravating factors apply, but nor do any of the mitigating factors - and, presumably, the motorcyclist made a full recovery (and I suspect the media would have said if it were otherwise), so the level
    of harm did not fall into category 1 or possibly even category 2. In which case, the starting point is either 4 (B3) or 5 (B2) years, and the range is either 3 - 6 (B3) or 4 - 7 (B2) years. The actual sentence falls into both
    of these, so it could be either.

    But, also, the driver pleaded guilty, so he's entitled to the guilty plea reduction which can be anything up to 1/3rd of the sentence. If he pleaded guilty at the earliest possible opportunity, he would get all of that. In
    which case, the underlying sentence would have been just over 7 years, which
    is at the top of the B2 range and edging into A2 (highest culpability,
    moderate harm) or well within A3 (high culpability, least harm). Or, alternatively, if the injury was life-threatening (although, fortunately,
    the motorcyclist survived), then the harm category could be 1, in which case that would fit within the B1 (medium culpability) range.

    Either way, I don't think there's anything particularly unusual about the sentence. I don't think there's any way that the offence could have been
    graded as A1 (highest culpability, highest harm), and every other category either covers the eventual sentence or, indeed, is below it.

    https://www.sentencingcouncil.org.uk/offences/crown-court/item/causing-grievous-bodily-harm-with-intent-to-do-grievous-bodily-harm-wounding-with-intent-to-do-gbh-2/
    or https://tinyurl.com/yn5dk22s

    The other offence, causing serious injury by dangerous driving, has a
    maximum sentence of 5 years, so, given the reduction for a guilty plea, the prison sentence must be for the GBH. However, the disqualification and requirement to take an extended re-rest is part of the sentence for this offence. According to media reports, the disqualification period is the same
    (4 years 10 months) as the prison sentence, which means that even if he is allowed out early on parole (which he almost certainly will be), he won't be able to drive again until at least his entire sentence is complete. This, again, is commensurate with the sentencing guidelines.

    Mark

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  • From Mark Goodge@21:1/5 to Jeff on Thu Mar 21 20:26:11 2024
    On Thu, 21 Mar 2024 09:56:59 +0000, Jeff <jeff@ukra.com> wrote:

    What I am saying is that there is no clear evidence that it was the
    drivers intention to run the motorcyclist into the barrier. The bike is
    only forced into the barrier when the perusing car is pushed a
    considerable distance sideways by the impact with the oncoming car.

    Very Dangerous driving certainly, but no evidence that "Mistry
    deliberately pushed the motorcyclist off his bike"

    He pleaded guilty to GBH with intent, according to the media reports. So, as far as the court was concerned, he did it deliberately.

    It's possible, of course, that his lawyer advised him to plead guilty on the basis that defending the charge and being convicted would mean losing the guilty plea discount, and the prospects of a sucessful defence were not high enough to take the risk. It would also, under those circumstances, be very difficult to offer remorse in mitigation, which would probably push the sentence even higher. But that's a decision that anyone charged with a
    serious offence needs to make.

    Mark

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  • From Jeff@21:1/5 to Roger Hayter on Fri Mar 22 10:06:19 2024
    On 21/03/2024 11:23, Roger Hayter wrote:
    On 21 Mar 2024 at 09:56:59 GMT, "Jeff" <jeff@ukra.com> wrote:

    On 20/03/2024 13:23, Jon Ribbens wrote:
    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must >>>>> have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result >>>> of the collision between the 2 cars, it did not appear to be deliberate. >>>
    Was the video you watched the one where the car has chased the motorbike >>> all the way over to the far edge of the wrong side of the road, to the
    extent that the car crashes into not just the motorbike, but the barriers >>> on that side of the road and also an oncoming car? And you're describing >>> that, with a straight face, as "did not appear to be deliberate"?


    What I am saying is that there is no clear evidence that it was the
    drivers intention to run the motorcyclist into the barrier. The bike is
    only forced into the barrier when the perusing car is pushed a
    considerable distance sideways by the impact with the oncoming car.

    Very Dangerous driving certainly, but no evidence that "Mistry
    deliberately pushed the motorcyclist off his bike"

    Jeff

    As someone else said, when you try to intimidate a two-wheeled vehicle with a ton of car, even if you don't specifically intend to hit it, I would very readily be convinced that the act was reckless as to potentially fatal consequences. Jurors' MMV, and usualy does.


    Reckless certainly, but intent would be very hard to establish.

    Jeff

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  • From Jeff@21:1/5 to Jon Ribbens on Fri Mar 22 10:10:14 2024
    On 21/03/2024 13:54, Jon Ribbens wrote:
    On 2024-03-21, Jeff <jeff@ukra.com> wrote:
    On 20/03/2024 13:23, Jon Ribbens wrote:
    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must >>>>> have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result >>>> of the collision between the 2 cars, it did not appear to be deliberate. >>>
    Was the video you watched the one where the car has chased the motorbike >>> all the way over to the far edge of the wrong side of the road, to the
    extent that the car crashes into not just the motorbike, but the barriers >>> on that side of the road and also an oncoming car? And you're describing >>> that, with a straight face, as "did not appear to be deliberate"?

    What I am saying is that there is no clear evidence that it was the
    drivers intention to run the motorcyclist into the barrier. The bike is
    only forced into the barrier when the perusing car is pushed a
    considerable distance sideways by the impact with the oncoming car.

    If that video was the beginning and the end of the story then you
    might, perhaps, have a plausible argument. But, of course, it isn't.

    Very Dangerous driving certainly, but no evidence that "Mistry
    deliberately pushed the motorcyclist off his bike"

    Except for the fact that he pleaded guilty to causing grievous bodily
    harm with intent? That seems like a bit of a big thing to fail to
    mention.

    Probably on the advice from his legal team, trying to fight it may well
    have resulted in a longer sentence than pleading guilty.

    Jeff

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  • From Roger Hayter@21:1/5 to Jeff on Fri Mar 22 10:40:48 2024
    On 22 Mar 2024 at 10:10:14 GMT, "Jeff" <jeff@ukra.com> wrote:

    On 21/03/2024 13:54, Jon Ribbens wrote:
    On 2024-03-21, Jeff <jeff@ukra.com> wrote:
    On 20/03/2024 13:23, Jon Ribbens wrote:
    On 2024-03-20, Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    So, Mistry deliberately pushed the motorcyclist off his bike, and must >>>>>> have come quite close to killing him.

    No, watch the video, the rider was pushed into the railings as a result >>>>> of the collision between the 2 cars, it did not appear to be deliberate. >>>>
    Was the video you watched the one where the car has chased the motorbike >>>> all the way over to the far edge of the wrong side of the road, to the >>>> extent that the car crashes into not just the motorbike, but the barriers >>>> on that side of the road and also an oncoming car? And you're describing >>>> that, with a straight face, as "did not appear to be deliberate"?

    What I am saying is that there is no clear evidence that it was the
    drivers intention to run the motorcyclist into the barrier. The bike is
    only forced into the barrier when the perusing car is pushed a
    considerable distance sideways by the impact with the oncoming car.

    If that video was the beginning and the end of the story then you
    might, perhaps, have a plausible argument. But, of course, it isn't.

    Very Dangerous driving certainly, but no evidence that "Mistry
    deliberately pushed the motorcyclist off his bike"

    Except for the fact that he pleaded guilty to causing grievous bodily
    harm with intent? That seems like a bit of a big thing to fail to
    mention.

    Probably on the advice from his legal team, trying to fight it may well
    have resulted in a longer sentence than pleading guilty.

    Jeff

    Is intent to commit GBH more broadly defined than intent to commit murder? I
    am coming round to the POV that the intervention of the collision with the oncoming car makes it very hard to say that he should have been "virtually certain" his driving at the motorcyclist would cause serious harm.

    --
    Roger Hayter

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  • From Pancho@21:1/5 to All on Fri Mar 22 10:33:16 2024
    On 21/03/2024 15:26, GB wrote:
    On 20/03/2024 17:48, Pancho wrote:
    On 20/03/2024 17:46, GB wrote:
    On 20/03/2024 17:28, Roger Hayter wrote:

    I must be in the other half, what I see is attempted murder with a
    vehicle
    used as a weapon.

    Well me too, but there are a lot of car fanatics about.


    There was no mention in the news of a charge of attempted murder, so
    I think we should avoid defaming Mr Mistry. The CPS, in coming to the
    decision not to charge attempted murder, would have had access to an
    awful lot more evidence than we do.


    It was clearly opinion, and hence not defamation.

    Can you just explain that, please. It's clearly not in the same category
    of opinion as "My MP is terrible".


    No, not "clearly".

    It is opinion in that the PP makes clear he is giving his interpretation
    of the video, “What I see”. He is not suggesting he is basing the
    statement on additional facts.

    It is an opinion that other “reasonable” people share. Roger and Me, for starters.

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  • From GB@21:1/5 to Pancho on Fri Mar 22 12:03:34 2024
    On 22/03/2024 10:33, Pancho wrote:
    On 21/03/2024 15:26, GB wrote:
    On 20/03/2024 17:48, Pancho wrote:
    On 20/03/2024 17:46, GB wrote:
    On 20/03/2024 17:28, Roger Hayter wrote:

    I must be in the other half, what I see is attempted murder with a >>>>>> vehicle
    used as a weapon.

    Well me too, but there are a lot of car fanatics about.


    There was no mention in the news of a charge of attempted murder, so
    I think we should avoid defaming Mr Mistry. The CPS, in coming to
    the decision not to charge attempted murder, would have had access
    to an awful lot more evidence than we do.


    It was clearly opinion, and hence not defamation.

    Can you just explain that, please. It's clearly not in the same
    category of opinion as "My MP is terrible".


    No, not "clearly".

    It is opinion in that the PP makes clear he is giving his interpretation
    of the video, “What I see”. He is not suggesting he is basing the statement on additional facts.

    Thanks for explaining where you are coming from on this. I'm not
    qualified to agree or disagree with your interpretation of the law.


    It is an opinion that other “reasonable” people share. Roger and Me, for starters.

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  • From Brian@21:1/5 to Jeff on Fri Mar 22 16:20:28 2024
    Jeff <jeff@ukra.com> wrote:
    On 19/03/2024 18:22, GB wrote:
    https://www.bbc.co.uk/news/av/uk-england-beds-bucks-herts-68610723

    "Police said driver Nikesh Mistry, 34, had forced the rider on to the
    wrong side of the carriageway following a "non-verbal exchange" as the
    pair exited Walton Roundabout in Milton Keynes on 19 November 2022.

    The motorbike was pushed into the bridge railings, causing the rider to
    come off and fall over the edge before the car collided with an oncoming
    vehicle.

    The rider of the motorcycle suffered serious injuries and was airlifted
    to hospital, while the occupants of the cars were taken there by ambulance. >>
    Mistry, of Groundsel Close, Walnut Tree, Milton Keynes, admitted two
    counts of causing serious injury by dangerous driving and one count of
    causing grievous bodily harm with intent.

    He was jailed for four years and 10 months at Aylesbury Crown Court and
    will need to take an extended driving test before getting his licence
    back."


    So, Mistry deliberately pushed the motorcyclist off his bike, and must
    have come quite close to killing him.


    No, watch the video, the rider was pushed into the railings as a result
    of the collision between the 2 cars, it did not appear to be deliberate.

    Jeff



    There may have been more to this incident than it appears from the media.
    That isn’t an attempt to justify what happened it could explain the
    sentence.

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  • From Pancho@21:1/5 to All on Fri Mar 22 14:28:01 2024
    On 22/03/2024 12:03, GB wrote:
    On 22/03/2024 10:33, Pancho wrote:
    On 21/03/2024 15:26, GB wrote:
    On 20/03/2024 17:48, Pancho wrote:
    On 20/03/2024 17:46, GB wrote:
    On 20/03/2024 17:28, Roger Hayter wrote:

    I must be in the other half, what I see is attempted murder with >>>>>>> a vehicle
    used as a weapon.

    Well me too, but there are a lot of car fanatics about.


    There was no mention in the news of a charge of attempted murder,
    so I think we should avoid defaming Mr Mistry. The CPS, in coming
    to the decision not to charge attempted murder, would have had
    access to an awful lot more evidence than we do.


    It was clearly opinion, and hence not defamation.

    Can you just explain that, please. It's clearly not in the same
    category of opinion as "My MP is terrible".


    No, not "clearly".

    It is opinion in that the PP makes clear he is giving his
    interpretation of the video, “What I see”. He is not suggesting he is
    basing the statement on additional facts.

    Thanks for explaining where you are coming from on this. I'm not
    qualified to agree or disagree with your interpretation of the law.


    It is an opinion that other “reasonable” people share. Roger and Me,
    for starters.


    <https://www.legislation.gov.uk/ukpga/2013/26/section/3/enacted>

    Basically (2) (3) and (4) hold.

    According to the BBC, the defendant admitted "grievous bodily harm with intent".

    There will often be a bit of opinion/interpretation in attempted murder.
    For instance, a person deliberately stabs someone in the chest with a
    big knife, but the victim miraculously survives, is that GBH or
    attempted murder? People are convicted of attempted murder in such circumstances. Convicted for deliberately taking an action that would
    normally kill a person, even if there isn't 100% proof they intended to
    kill.

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