Train Driver in hospital after yobs hurl brick through windscreen (04/02)

[SCDR_WMR]

Wounding with intent requires the prosecution to demonstrate intent, ie the perpetrator wanted to harm the driver, just as it has to demonstrate the intent to kill in the case of murder.

But what was the intent of the person being prosecuted? To deliberately throw a brick at the window of a moving train surely is enough intent to harm, they weren't doing it for anything other than malicious means clearly!

 

[furnessvale]

Wounding with intent requires the prosecution to demonstrate intent, ie the perpetrator wanted to harm the driver, just as it has to demonstrate the intent to kill in the case of murder.

Not quite correct. For wounding/GBH with intent, there has to be intent to wound/GBH.

However for murder the required intent is to kill OR inflict wound/GBH.

This is what makes attempted murder more difficult to prove than murder itself, as the required intent for attempt murder is intent to kill, nothing less.

 

[mpthomson]

But what was the intent of the person being prosecuted? To deliberately throw a brick at the window of a moving train surely is enough intent to harm, they weren't doing it for anything other than malicious means clearly!

Not necessarily

 

[al78]

Isn't there a law to cover acts of recklessness? It is like the motoring offences of careless and dangerous driving, in both cases the driver isn't deliberately trying to kill anyone, but is driving in a way that falls far below the level of competance required in law. It would be very difficult to claim throwing a brick through the window of a moving train was accidental (i.e. carelessness), so it must be an act of recklessness, in which case the perpetrator is a danger to the public and should be sentenced accordingly.

 

[O L Leigh]

But what was the intent of the person being prosecuted? To deliberately throw a brick at the window of a moving train surely is enough intent to harm, they weren't doing it for anything other than malicious means clearly!

Isn't there a law to cover acts of recklessness?

Have a look back at the previous page.

 

[matchmaker]

Isn't there a law to cover acts of recklessness? It is like the motoring offences of careless and dangerous driving, in both cases the driver isn't deliberately trying to kill anyone, but is driving in a way that falls far below the level of competance required in law. It would be very difficult to claim throwing a brick through the window of a moving train was accidental (i.e. carelessness), so it must be an act of recklessness, in which case the perpetrator is a danger to the public and should be sentenced accordingly.

Culpable and Reckless Conduct is an Common Law offence under Scots Law, but I'm not sure if similar exists in England and Wales.

 

[greyman42]

Isn't there a law to cover acts of recklessness? It is like the motoring offences of careless and dangerous driving, in both cases the driver isn't deliberately trying to kill anyone, but is driving in a way that falls far below the level of competance required in law. It would be very difficult to claim throwing a brick through the window of a moving train was accidental (i.e. carelessness), so it must be an act of recklessness, in which case the perpetrator is a danger to the public and should be sentenced accordingly.

See post 11.

 

[alistairlees]

This article on the matter has just appeared on BBC News

Train driver left with bloodied face after brick attack

The driver was injured after a brick was thrown at his train while it was travelling at 70mph.

www.bbc.co.uk

A train driver who was left with a bloodied face after a brick was thrown at his cab window has appealed for more information about his attackers.

Ian Birch was injured during the incident, as his train was travelling at 70mph (112 km/h) in Clifton, Greater Manchester, on 4 February.

No one has been arrested yet despite police appeals.

The Northern Railway driver said: "I could have been blinded or even killed."

 

[mmh]

This article on the matter has just appeared on BBC News

Train driver left with bloodied face after brick attack

The driver was injured after a brick was thrown at his train while it was travelling at 70mph.

www.bbc.co.uk

Terrible. And I'm currently on a train where the guard got back on after a stop and apologised for taking time, saying the train had been hit by a brick. Never experienced that before, I know it happens but that was quite surprising.

 

[Neo9320]

This article on the matter has just appeared on BBC News

Train driver left with bloodied face after brick attack

The driver was injured after a brick was thrown at his train while it was travelling at 70mph.

www.bbc.co.uk

This should be a criminal sentence, how dare they endanger life and get barely anything for it!

 

[Requeststop]

How absolutely appalling. I'm no right wing member of the flog 'em brigade, but I do hope that when they are caught, the Crown Prosecution Service doesn't pussy foot them is the usual vandalism rubbish and goes for intent to injure, main or kill.

Please to read the driver had made a physical recovery at least.