> Yitzhak Isaac Goldstein <
yit...@yahoo.fr> considered Sat, 10 Oct 2015
> Deliberately aiming over a tonne of motor vehicle at an unprotected
> human being is a level of force similar, if not greater, than firing a
> rifle at them.
>
> As I said, ANYONE who has had any training at all in the operation of
> a motor vehicle should be aware of that fact, and thus the intention
> must clearly be to cause death,.
Since people are hit by vehicles all the time, and since a vehicle is not
generally considered a weapon (unlike a firearm), what you think is not
enough. Nor is it enough that most people are aware that a car can kill.
The prosecution would have had to demonstrate that the defendant actually
intended to kill. Only such intention to kill can justify attempted
murder. In _R v. Whybrow_ (1951) 35 Cr App R 141, the defendant wired up a
soap dish to the mains, to kill his wife. At his trial, the judge directed
the jury that an intention to kill or cause grievous bodily harm would
suffice on a charge of attempted murder. On appeal, the Court of Appeal
said that this was a misdirection and that only an intention to kill would
suffice for attempted murder. Recklessness as to the risk of causing
murder or grievous bodily harm will not suffice.
> If the failure to achieve that is to be taken as some evidence to only
> cause serous injury, there would be no such offence as attempted murder
> without a clearly shown death threat, either in a lasting form (writing,
> voicemail, etc) or before witnesses. Such a pre-existing death threat
> would not be required for any other weapon - why would it be when the
> weapon of choice is a motor vehicle?
>
> I think it is disgraceful that the jury were not given the chance to
> decide on the matter, but sadly we have come to expect no better from the
> CPS.
I agree with you. But this is not the fault of the CPS.
Y.
--
Yitzhak Isaac Goldstein
'AADP's Left-Wing Israeli Intellectual'
'... the monstrous morality of anti-Semitism continues as an immortal
beast behind the politically correct mask of anti-Zionism'
(Giulio Meotti)
<
http://elderofziyon.blogspot.com/>