FGW driver injured as window hit

[SWTCommuter]

http://www.bbc.co.uk/news/uk-england-22605560

First Great Western train driver injured as window hit

A train driver suffered facial injuries after his train was hit on the Hampshire-Wiltshire border on Monday.

First Great Western confirmed its Portsmouth Harbour to Cardiff Central service was struck from a bridge in East Grimstead at 17:30 BST.

A doctor onboard treated the driver's injuries after what was believed to be a brick shattered the glass in his cab and left him shaken.

British Transport Police is continuing to conduct inquiries.

The train was helped into Salisbury by South West Trains staff after it was suspended for an hour.

 

[Lockwood]

http://www.portsmouth.co.uk/news/lo...ick-attack-on-train-from-portsmouth-1-5109675

Driver hurt in brick attack on train from Portsmouth


PASSENGERS travelling from Portsmouth to Cardiff were delayed after an object was thrown at the windscreen of the train, injuring the driver.

It happened at around 5.40pm yesterday at East Grimstead, near Romsey.

The object, thought to have been a brick, shattered the windscreen and the driver suffered cuts to his face. He was treated on board by a doctor.

The First Great Western train - the 4.25pm from Portsmouth to Cardiff - was delayed and had a knock-on effect on others in the area.

Portsmouth News has a photo of an FGW train, for those people who've often wondered what a train looks like.
They could have at least found one with "Cardiff Central" on the front!

 

[455driver]

Another one.

A chap I work with had one last week but luckily it hit the corner of the cab and not the windscreen.

 

[Monty]

I wish the driver a speedy recovery, I do despair sometimes knowing there are certain individuals in this world who would carry out such a dangerous and foolish act.. :roll:

 

[455driver]

By all accounts he is a bit bashed up but well on the road to recovery!

Please note this is second hand info after talking to various FGW staff.

 

[chris89]

As others have said. I wish the driver a speedy recovery.

I hope the people who did that are caught quickly.

Although hope if caught/ tried/ found guilty, the sentence is not reduced, like what happened with the youths who did dropped masonry bricks of the footbridge in Kidderminster that severely injured the driver.

http://news.bbc.co.uk/1/hi/england/hereford/worcs/7254298.stm

Chris

 

[alex17595]

I can't believe people do this? how is it even funny!?

what would this come under in court?
criminal damage or something worse?

 

[Flamingo]

I believe there is an offence of intefering with the safety of the railway (not sure of the exact act, doubtless someone will supply it soon) that carries a maximum life sentence...

 

[DarloRich]

Perhaps the forward facing camera will have got a shot of the perpetrators - i hope the driver is ok

 

[455driver]

I believe there is an offence of intefering with the safety of the railway (not sure of the exact act, doubtless someone will supply it soon) that carries a maximum life sentence...

needless to say the "defence" will be-

He comes from a broken home,
Life has been hard on him,
He cant get a job (if old enough),
It was a cry for help,
Society has failed him,
etc
etc.

Anything but his fault.

 

[Flamingo]

needless to say the "defence" will be-

He comes from a broken home,
Life has been hard on him,
He cant get a job (if old enough),
It was a cry for help,
Society has failed him,
etc
etc.

Anything but his fault.

To be fair, the incident in the post by Chris above seems to have been dealt with robustly by the courts...

 

[alex17595]

transport act 2000

General safety - no person should place, throw, drop or trail anything on the railway which is capable of injuring, damaging or endangering any person or property.

PDF here

 

[DarloRich]

needless to say the "defence" will be-

He comes from a broken home,
Life has been hard on him,
He cant get a job (if old enough),
It was a cry for help,
Society has failed him,
etc
etc.

Anything but his fault.

So no one is entitled to a defense then?. I always ask "Would you instruct your lawyers to offer no mitigation on your part should you find yourself before the court?"

 

[Twoonthebuzzer]

I was the guard on the train behind the one involved. Know the driver well, I won't name him but he is a young, Westbury based driver. He has a scar and deep cuts all along one side of his face.

The unit ended up getting boxed in with another Class 158 on a Pompey run.

 

[Ferret]

So no one is entitled to a defense then?. I always ask "Would you instruct your lawyers to offer no mitigation on your part should you find yourself before the court?"

Some things are utterly indefensible.

 

[DarloRich]

Some things are utterly indefensible.

Everyone is entitled to a defence, even the most heinous of criminals.

 

[jopsuk]

After all, there is always a chance that you may end up in court charged with a heinous crime that you did not commit...

 

[DarloRich]

anyway - i hope they catch him/her and lock them up!

 

[TDK]

I can't believe people do this? how is it even funny!?

what would this come under in court?
criminal damage or something worse?

If I was the rep I would go for attempted murder

 

[SS4]

The CPS are in a quandary. We still (thankfully) have to prove someone as guilty beyond reasonable doubt before they can be sentenced and so the CPS has to decide whether to go for attempted murder which will have a higher threshold than say criminal damage or the transport act.

Whatever it is I hope they catch the person who did it and punish them using the full force of the law and also that the driver makes a full recovery and is able to return to work (if he wanted to)

I fail to see what possesses people to do such a thing. It's hardly fun

 

[Ferret]

Everyone is entitled to a defence, even the most heinous of criminals.

Fine, but I don't expect a defence for this kind of act to receive anything other than lip-service. That is all.

 

[Flamingo]

I was the guard on the train behind the one involved. Know the driver well, I won't name him but he is a young, Westbury based driver. He has a scar and deep cuts all along one side of his face.

The unit ended up getting boxed in with another Class 158 on a Pompey run.

How's he doing?

 

[Peter Mugridge]

If I was the rep I would go for attempted murder

I'd go further in some circumstances - if someone does something which could reasonably be expected to cause a crash ( for example placing an obstruction on the track ) then I would invoke the Prevention of Terrorism Act.

A couple of prosecutions under that and you would deter dozens of others...

Regarding the bricking of the train, certainly they should be charged with attempted murder, I fully agree.

 

[martybabes]

The CPS are in a quandary. We still (thankfully) have to prove someone as guilty beyond reasonable doubt before they can be sentenced and so the CPS has to decide whether to go for attempted murder which will have a higher threshold than say criminal damage or the transport act.

The threshold for a criminal conviction is exactly the same whether it is for murder, GBH, theft or running a red light.


What the CPS have to do is choose the most appropriate charge for the court to hear, and this will be based on the evidence arising from the investigation.

 

[455driver]

So no one is entitled to a defense then?. I always ask "Would you instruct your lawyers to offer no mitigation on your part should you find yourself before the court?"

I dont throw bricks at train windscreens!

Dont do your usual trick and take specific threads miles off topic simply to make a general point.

 

[jon0844]

So no one is entitled to a defense then?. I always ask "Would you instruct your lawyers to offer no mitigation on your part should you find yourself before the court?"

But surely it's different if you're putting up a defence to prove your innocence rather than putting forward up ridiculous reasons/excuses/lies for a lesser punishment when you've likely pleaded guilty.

 

[martybabes]

I wonder if the Defendant would get a fair trial if the jury comprised only (ex) railwaymen...

The judicial system ensures that impartiality is a strong feature of the process in order to secure a just outcome free of bias and prejudice. This also allows a defendant to have someone speak on his behalf.

 

[Requeststop]

I make no comment on the possible mitigating circumstances of the person(s) who did this act. The action they took is wrong irrespective of the personal position of these people. I hope if they are caught, the Judge/Magistrates throw the book at them.

My total sympathy to the driver, I hope they recover quickly and are able to face the perpetrators in court and have some influence the sentence if they are found guilty. If it was me in the jury or court, I'd recommend the stiffest sentence possible. (As I get older I get more reactionary than liberal)

 

[DarloRich]

I dont throw bricks at train windscreens!

Dont do your usual trick and take specific threads miles off topic simply to make a general point.

So for what crimes is it OK to mount a defense? Is it OK for you and me to mount a defence because we are decent chaps? Would you instruct your defence team to mount a defence or offer any mitigation should you find yourself before the court? Yes or no?

I am not making a general point. I am testing your position, something i have notice you dont like much

Like i said, although the person involved is able to present a defence and the opportunity to present any mitigating factors, i hope they are quickly arrested and sentenced to prison for the longest term possible. I would hope the CPS would press for the most serious offence, perhaps even attempted murder, but i expect they will go for the easier conviction on a lesser charge. More is the pity.
--- old post above --- --- new post below ---

But surely it's different if you're putting up a defence to prove your innocence rather than putting forward up ridiculous reasons/excuses/lies for a lesser punishment when you've likely pleaded guilty.

Mitigating the sentence is part of the same action. Would you not offer something to try and reduce your sentence? I agree the mitigation presented is often stupidly predictable, but you should be entitled to present it nonetheless. Pleading guilty itself is an attempt to mitigate the sentence.

 

[High Dyke]

I wish the driver a speedy recovery, I do despair sometimes knowing there are certain individuals in this world who would carry out such a dangerous and foolish act.. :roll:

Hear, hear. Best wishes from me.

Whilst it may seem a 'bit of fun' to someone... i doubt they realise the seriousness and stupidity of their actions.