drunk driver - pompey evening news

slim

War Hero
Perhaps one of these days victims of cirme will enoy the same protection of the law as the criminal
Don'thold you breath!
 
sgtpepperband said:
Every legal case is tried on the facts, evidence, the Accused's 'actus reus' and 'mens rea', previous convictions and other factors. The Judge in the original case may not have considered all points brought before him in the trial, and may also have exceeded his powers of sentencing. And every person convicted has the right to appeal, regardless of their crime; it is one of the wonderful things about the English legal system.

In this case, it seems the Court of Appeal has upheld the Mr. Quinnell's appeal, and will have looked into the matter with the necessary dilligence based on facts and evidence, rahter than the emotions of the case.

The terms 'actus reus' and 'mens rea' are derived from the principle stated by Edward Coke, namely, "actus non facit reum nisi mens sit rea" which means: "an act does not make a person guilty unless (their) mind is also guilty", i.e., the general test is one that requires proof of fault, culpability or blameworthiness both in behaviour and mind. In this respect, the role of automatism is highly relevant in providing a positive explanation of the need to demonstrate the voluntariness of the behaviour for it to found liability. Once the actus reus has been established in a conventional offence, there must be a concurrence of both actus reus and mens rea to justify a conviction.

I am not making a judgment based on my own feelings on this tragic case, but imagine if you were in the same position as Mr. Quinnell; wouldn't you also want to have the same rights and privileges as other UK citizens, regardless of your crime?

I couldn't have put it better myself!
 
slim said:
Perhaps one of these days victims of cirme will enoy the same protection of the law as the criminal
Don'thold you breath!

Cirme - is that like circumcision Slim? :wink: :lol: As for being Enoyed, well that's understandable if you've just had your 4-skin mutilated.
 

slim

War Hero
Sorry Sreve I am stuck in a Northern wilderness full of chavs and having to use my sisters laptop. Please excuse my Typo's
 
Always_a_Civvy said:
sgtpepperband said:
Every legal case is tried on the facts, evidence, the Accused's 'actus reus' and 'mens rea', previous convictions and other factors. The Judge in the original case may not have considered all points brought before him in the trial, and may also have exceeded his powers of sentencing. And every person convicted has the right to appeal, regardless of their crime; it is one of the wonderful things about the English legal system.

In this case, it seems the Court of Appeal has upheld the Mr. Quinnell's appeal, and will have looked into the matter with the necessary dilligence based on facts and evidence, rahter than the emotions of the case.

The terms 'actus reus' and 'mens rea' are derived from the principle stated by Edward Coke, namely, "actus non facit reum nisi mens sit rea" which means: "an act does not make a person guilty unless (their) mind is also guilty", i.e., the general test is one that requires proof of fault, culpability or blameworthiness both in behaviour and mind. In this respect, the role of automatism is highly relevant in providing a positive explanation of the need to demonstrate the voluntariness of the behaviour for it to found liability. Once the actus reus has been established in a conventional offence, there must be a concurrence of both actus reus and mens rea to justify a conviction.

I am not making a judgment based on my own feelings on this tragic case, but imagine if you were in the same position as Mr. Quinnell; wouldn't you also want to have the same rights and privileges as other UK citizens, regardless of your crime?

I couldn't have put it better myself!

no - people who commit a crime have no rights - they lost that right when they took a life. The victims should be protected in the knowledge that the offending person will be severley dealt with, and not just given a minimum sentence, - sorry but it was`crap sentence
 

dondon

MIA
Commit the crime , serve the time , in my humble opinion once you cross that line then you forfeit your human rights as such times that you have attoned for your crime , I'm waiting for the "Incoming" , hard hat on , :roll:
 
sgtpepperband said:
Every legal case is tried on the facts, evidence, the Accused's 'actus reus' and 'mens rea', previous convictions and other factors. The Judge in the original case may not have considered all points brought before him in the trial, and may also have exceeded his powers of sentencing. And every person convicted has the right to appeal, regardless of their crime; it is one of the wonderful things about the English legal system.

In this case, it seems the Court of Appeal has upheld the Mr. Quinnell's appeal, and will have looked into the matter with the necessary dilligence based on facts and evidence, rahter than the emotions of the case.

The terms 'actus reus' and 'mens rea' are derived from the principle stated by Edward Coke, namely, "actus non facit reum nisi mens sit rea" which means: "an act does not make a person guilty unless (their) mind is also guilty", i.e., the general test is one that requires proof of fault, culpability or blameworthiness both in behaviour and mind. In this respect, the role of automatism is highly relevant in providing a positive explanation of the need to demonstrate the voluntariness of the behaviour for it to found liability. Once the actus reus has been established in a conventional offence, there must be a concurrence of both actus reus and mens rea to justify a conviction.

I am not making a judgment based on my own feelings on this tragic case, but imagine if you were in the same position as Mr. Quinnell; wouldn't you also want to have the same rights and privileges as other UK citizens, regardless of your crime?


I quite agree, but: when you are convicted you give up your rights and should suffer the consequences.


Plus I don't seem to remember the above being maintained when I was in front of Naval discipline. It was more of 'March the guilty bastard in!'

Case admonished!!
 
Mens Rea is all well and good in the case of a true accident, but in the case of this tosser he was in the wrong and a peotential muderer from the minute he got behind the wheel drunk. We all know that there is a good chance that if you drive drunk then you may well kill someone because of your impairment, there is no "ignorance" excuse on this.
I am not sure what good a long custodial sentence will do for him other than to afford the family of his victims some kind of justice (which they well deserve), but this prick should never ever ever be allowed to drive again. He showed blatant disregard for the safety of others and should forfeit his right to drive.
As for the scumbag who kicked someone to death, that's another story entirely, there is only one form of punishment fitting enough for that crime, one which will never ever be allowed in the Western world.
Shame.
 

brigham600

War Hero
This country is far too soft on the criminal and I do not go in for the namby pamby stuff quoted by the PC and liberal brigade about human rights for those who commit crime. AFAIC, once someone commits a crime they become an outlaw and I was always told that means you are 'out of the law' and therefore, forgoe all YOUR rights.

I am totally sick of the justice system in this pathetic country of ours and the fact that a criminal has more rights than the honest man these days. It made me laugh the other day when they showed the prison ship in Portland harbour and they said the living conditions were sub standard. Funny that, those sort of conditions seem to be okay for sailors to live in on a type 42.

Put them all on a desert island or a bikini atoll and forget about them for all I care.

As someone said in a letter to a newspaper recently...

Broadmore prison has Sky TV, plush living quarters, 3 square meals a day, education and study areas, fantastic gym, playstations, drink, visits by family. How do I get in? Says it all really. ;-)
 

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