In article <
xegSUg5h...@perry.co.uk>,
Roland Perry <
rol...@perry.co.uk> wrote:
> In message <
slrnnhs979...@cheddar.urgle.com>, at 15:08:41 on Mon,
> 25 Apr 2016, Mike Bristow <
mi...@urgle.com> remarked:
>>>>Doesn't stalking usually involve things which are crimes already?
>>>
>>> No, and that's a significant part of it having its own little bubble
>>> inside the harassment law. It's not otherwise illegal to leave a note
>>> under someone's windscreen wiper saying "I know where you live, and one
>>> day you'll come home to find your cat nailed to your front door", for
>>> example. [That's a real example, btw].
>>
>>Sounds like common-or-garden harrassment to me, if they did something
>>similar twice.
>
> It should be,
So it does usually involve things that which are crimes already, then,
just ones the police don't bother with?
> but the police don't appear to be capable of realising
> that unless a specific offence is created.
That sounds like a management problem for the executive, rather than
a legislative problem for Parliament.
My guess is the police do know it's a crime, but categorise it as "not
important enough, fob the punter off ASAP". Fixing that is done by
changing their priorities and/or giving the additional resources;
giving them another charge they won't bother to investigate doesn't
help.
> Take the recent scares about "drones". Not only are all the ones which
> hit the headlines already illegal under aviation law; if they managed to
> bring down a plane landing at Heathrow wouldn't it be an open and shut
> Manslaughter case?
No. Manslaughter requires either the desire to cause death or
serious injury in the case of voluntary manslaughter, or recklessness
or criminal negligence in the case of involuntary manslaughter.
Obviously, the desire to cause injury is absent, so you would have
to try for involuntary manslaughter.
Gross negligence requires the existence of a duty of care to the
deceased as the first step of a four step test; none exists so
involuntary manslaughter by gross negligence fails.
The CPS say that criminal negligence manslaughter - well, they call it
Unlawful Act Manslaughter in the guidance I'm reading, but I think it's
the same thing - requires a three step test: the death must be
1) the result of the defendant's unlawful act;
2) where the unlawful act is one which all sober and reasonable
people would realise would subject the victim to the risk of
some physical harm
3) whether or not the defendant realised this.
The first step is easy; the second may be tricky; the third will
be damn near impossible. It would obviously depend on the exact
facts, but I don't think any dronists think that people will be
hurt by their droning on, even when they do it near an airport;
and I reckon if you ask People on a Putney Platform if a 1kg toy
could hurt the passenger on a jumbo, you'd get some who'd say yes
- but many who'd say no, too.
In short, if it happens (and I hope it doesn't, obviously), then
it probably won't be manslaughter, and proving it be manslaughter
(even if it actually was) would be near impossible.
--
Mike Bristow
mi...@urgle.com