Maidan Vale murder

This Forum is the main messageboard to discuss all things Claret and Blue and beyond
Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Wed Jan 26, 2022 5:21 pm

Burnley Ace wrote:
Tue Jan 25, 2022 8:22 pm
Which Court did it go to?
I don’t know, we are going back many years so google will not help. What I do remember was he was working as security at the Burnley shopping centre. It’s going to be over 30 years ago.

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 5:37 pm

Jakubclaret wrote:
Wed Jan 26, 2022 3:59 pm
Do you never take a day off from trying to start arguments with people?
I think you’ll see that it was someone trying to start an argument with me, as you appear to be doing despite not even being involved in the discussion.

I’m merely pointing out the fact that the driver hasn’t been charged with murder, which is quite key to this story.

Jakubclaret
Posts: 9434
Joined: Sun Oct 16, 2016 10:47 pm
Been Liked: 1180 times
Has Liked: 778 times

Re: Maidan Vale murder

Post by Jakubclaret » Wed Jan 26, 2022 5:55 pm

Rileybobs wrote:
Wed Jan 26, 2022 5:37 pm
I think you’ll see that it was someone trying to start an argument with me, as you appear to be doing despite not even being involved in the discussion.

I’m merely pointing out the fact that the driver hasn’t been charged with murder, which is quite key to this story.
Just a observation rather than targeting you directly or anybody, I see a pattern emerging whenever disagreements occur & you are always about in the middle of things, maybe I’ve got it wrong & my observations are wrong it wouldn’t be the first.

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 6:36 pm

Jakubclaret wrote:
Wed Jan 26, 2022 5:55 pm
Just a observation rather than targeting you directly or anybody, I see a pattern emerging whenever disagreements occur & you are always about in the middle of things, maybe I’ve got it wrong & my observations are wrong it wouldn’t be the first.
There’s no argument here. I just pointed out that the driver hasn’t been charged for murder.

Jakubclaret
Posts: 9434
Joined: Sun Oct 16, 2016 10:47 pm
Been Liked: 1180 times
Has Liked: 778 times

Re: Maidan Vale murder

Post by Jakubclaret » Wed Jan 26, 2022 6:43 pm

Rileybobs wrote:
Wed Jan 26, 2022 6:36 pm
There’s no argument here. I just pointed out that the driver hasn’t been charged for murder.
Maybe I’ve got it wrong but being held for murder might suggest detention pending a charge. Did anybody actually say a charge?

Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Wed Jan 26, 2022 6:49 pm

Rileybobs wrote:
Wed Jan 26, 2022 5:37 pm
I think you’ll see that it was someone trying to start an argument with me, as you appear to be doing despite not even being involved in the discussion.

I’m merely pointing out the fact that the driver hasn’t been charged with murder, which is quite key to this story.
Can I ask have you ever been arrested and bailed on further investigations.
The impact it has on you and your family can immense.
It’s not like a parking ticket FFS.

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 6:53 pm

Jakubclaret wrote:
Wed Jan 26, 2022 6:43 pm
Maybe I’ve got it wrong but being held for murder might suggest detention pending a charge. Did anybody actually say a charge?
He hasn’t been charged for murder, simple as that.

Jakubclaret
Posts: 9434
Joined: Sun Oct 16, 2016 10:47 pm
Been Liked: 1180 times
Has Liked: 778 times

Re: Maidan Vale murder

Post by Jakubclaret » Wed Jan 26, 2022 6:53 pm

Rileybobs wrote:
Wed Jan 26, 2022 6:53 pm
He hasn’t been charged for murder, simple as that.
Has anybody said he has?

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 6:54 pm

Lowbankclaret wrote:
Wed Jan 26, 2022 6:49 pm
Can I ask have you ever been arrested and bailed on further investigations.
The impact it has on you and your family can immense.
It’s not like a parking ticket FFS.
No I haven’t, and I wouldn’t expect it to be like a parking ticket. I don’t see the relevance of your point.

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 6:55 pm

Jakubclaret wrote:
Wed Jan 26, 2022 6:53 pm
Has anybody said he has?
Read the opening post.

Jakubclaret
Posts: 9434
Joined: Sun Oct 16, 2016 10:47 pm
Been Liked: 1180 times
Has Liked: 778 times

Re: Maidan Vale murder

Post by Jakubclaret » Wed Jan 26, 2022 6:57 pm

Rileybobs wrote:
Wed Jan 26, 2022 6:55 pm
Read the opening post.
How does staying up fit into that, the post you quoted?

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 6:58 pm

Jakubclaret wrote:
Wed Jan 26, 2022 6:57 pm
How does staying up fit into that, the post you quoted?
Just read the thread. It’s all there is simple chronological order.

conyoviejo
Posts: 5829
Joined: Thu Jan 21, 2016 12:38 pm
Been Liked: 2491 times
Has Liked: 1477 times
Location: On the high seas chasing Pirates

Re: Maidan Vale murder

Post by conyoviejo » Wed Jan 26, 2022 6:59 pm

Rileybobs wrote:
Wed Jan 26, 2022 6:55 pm
Read the opening post.
Read my second post a bit further down Rileys.lol

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 7:01 pm

conyoviejo wrote:
Wed Jan 26, 2022 6:59 pm
Read my second post a bit further down Rileys.lol
I know mate. Not sure why people are still droning on, disgruntled posters playing the man rather than the ball probably.

Jakubclaret
Posts: 9434
Joined: Sun Oct 16, 2016 10:47 pm
Been Liked: 1180 times
Has Liked: 778 times

Re: Maidan Vale murder

Post by Jakubclaret » Wed Jan 26, 2022 7:02 pm

Rileybobs wrote:
Wed Jan 26, 2022 6:58 pm
Just read the thread. It’s all there is simple chronological order.
What somebody initially says changes from what somebody else says, from the opening post numerous posters have commented on the subject & added opinions.

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 7:03 pm

Jakubclaret wrote:
Wed Jan 26, 2022 7:02 pm
What somebody initially says changes from what somebody else says, from the opening post numerous posters have commented on the subject & added opinions.
:roll: Good evening.

Jakubclaret
Posts: 9434
Joined: Sun Oct 16, 2016 10:47 pm
Been Liked: 1180 times
Has Liked: 778 times

Re: Maidan Vale murder

Post by Jakubclaret » Wed Jan 26, 2022 7:07 pm

Lowbankclaret wrote:
Wed Jan 26, 2022 6:49 pm
Can I ask have you ever been arrested and bailed on further investigations.
The impact it has on you and your family can immense.
It’s not like a parking ticket FFS.
It’s absolutely devastating the stain on your character & in today’s society people are very quick to judge without establishing the full facts.

Tall Paul
Posts: 7171
Joined: Thu Jan 21, 2016 8:07 am
Been Liked: 2560 times
Has Liked: 690 times

Re: Maidan Vale murder

Post by Tall Paul » Wed Jan 26, 2022 7:09 pm

lol Jakub

Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Wed Jan 26, 2022 7:14 pm

Tall Paul wrote:
Wed Jan 26, 2022 7:09 pm
lol Jakub
What he says is absolutely true.

TheFamilyCat
Posts: 10843
Joined: Thu Jan 21, 2016 8:56 pm
Been Liked: 5521 times
Has Liked: 208 times

Re: Maidan Vale murder

Post by TheFamilyCat » Wed Jan 26, 2022 7:54 pm

Jakubclaret wrote:
Wed Jan 26, 2022 6:53 pm
Has anybody said he has?
Yes, stayingup did. At least twice.

DCWat
Posts: 9294
Joined: Mon Jan 04, 2016 11:04 am
Been Liked: 4131 times
Has Liked: 3598 times

Re: Maidan Vale murder

Post by DCWat » Wed Jan 26, 2022 8:01 pm

GodIsADeeJay81 wrote:
Tue Jan 25, 2022 5:28 pm
Successive governments have failed to get a handle on it that's all, it needs a change in laws which I believe is being processed, including the banning of certain knives
What is the change in law that is being processed?

Banning certain knives means sod all really. It matters not a jot if they’re carrying Crocodile Dundee’s knife of their Mum’s favourite kitchen knife, it’s already illegal to carry a knife in public.

I’m not convinced that a change in law will provide much of a deterrent to those willing to carry a knife, let alone use one.

Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Wed Jan 26, 2022 8:04 pm

Rileybobs wrote:
Wed Jan 26, 2022 6:54 pm
No I haven’t, and I wouldn’t expect it to be like a parking ticket. I don’t see the relevance of your point.
Obviously because you have never been arrested and released on bail, the effect it has on you and your family. This guy is facing 10 years in prison for murder. Not sure lots of people thinking it’s not going to happen is making him sleep better.
Having been a juror, the judge will instruct you on the law. If the new laws don’t help him, the jury have to be brave enough to go against the laws of the land to find him not guilty.

As much As I think he did the right thing, it might not help him in court.

Jamesy
Posts: 2533
Joined: Fri Jan 22, 2016 9:53 pm
Been Liked: 780 times
Has Liked: 518 times

Re: Maidan Vale murder

Post by Jamesy » Wed Jan 26, 2022 8:17 pm

Lowbankclaret wrote:
Wed Jan 26, 2022 8:04 pm
Obviously because you have never been arrested and released on bail, the effect it has on you and your family. This guy is facing 10 years in prison for murder. Not sure lots of people thinking it’s not going to happen is making him sleep better.
Having been a juror, the judge will instruct you on the law. If the new laws don’t help him, the jury have to be brave enough to go against the laws of the land to find him not guilty.

As much As I think he did the right thing, it might not help him in court.
Well if a jury can find the Colson statue topplers not guilty of criminal damage, I am hopeful that any jury would come to the same decision with this decent citizen who did his best to prevent the poor woman from being murdered.

DCWat
Posts: 9294
Joined: Mon Jan 04, 2016 11:04 am
Been Liked: 4131 times
Has Liked: 3598 times

Re: Maidan Vale murder

Post by DCWat » Wed Jan 26, 2022 8:25 pm

Jamesy wrote:
Wed Jan 26, 2022 8:17 pm
Well if a jury can find the Colson statue topplers not guilty of criminal damage, I am hopeful that any jury would come to the same decision with this decent citizen who did his best to prevent the poor woman from being murdered.
That should tempt a few :D

Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Wed Jan 26, 2022 8:30 pm

Jamesy wrote:
Wed Jan 26, 2022 8:17 pm
Well if a jury can find the Colson statue topplers not guilty of criminal damage, I am hopeful that any jury would come to the same decision with this decent citizen who did his best to prevent the poor woman from being murdered.
I agree, but having been in a deliberation room , anything is possible.
At the end of the day, did the prosecution have enough evidence in that case to prove guilt.

This gent did the right thing but was he in danger, was it self defence, no.

The guys family are likely to push for the right to life no matter what they have done. That’s a UK thing, we don’t do the death penalty.

This guy should praised, like the guys who got involved in the London killings, I just worry our woke society will kick in AMD he will have a fight on his hands.

Jamesy
Posts: 2533
Joined: Fri Jan 22, 2016 9:53 pm
Been Liked: 780 times
Has Liked: 518 times

Re: Maidan Vale murder

Post by Jamesy » Wed Jan 26, 2022 8:44 pm

The guy was making a citizens arrest to prevent further injury to the deceased. He just used his motor vehicle to do it.
It would be interesting if this woman had survived because of his actions. The guy would be seen as a hero who saved her life, however he probably would still have been arrested for the death of the violent perpetrator.
I just hope common sense and decency prevails here. If it doesn’t I will be joining the thousands of decent citizens who would certainly demonstrate outside Parliament on behalf of this public spirited have a go hero.

Lancasterclaret
Posts: 23343
Joined: Thu Jan 21, 2016 2:09 pm
Been Liked: 8058 times
Has Liked: 4714 times
Location: Riding the galactic winds in my X-wing

Re: Maidan Vale murder

Post by Lancasterclaret » Wed Jan 26, 2022 8:50 pm

DCWat wrote:
Wed Jan 26, 2022 8:25 pm
That should tempt a few :D
Why?

People who think like that lad does are not worth arguing with

Just nod your head and go

"Yup, another one"

Rileybobs
Posts: 16684
Joined: Fri Jan 22, 2016 4:37 pm
Been Liked: 6895 times
Has Liked: 1471 times
Location: Leeds

Re: Maidan Vale murder

Post by Rileybobs » Wed Jan 26, 2022 9:01 pm

Lowbankclaret wrote:
Wed Jan 26, 2022 8:04 pm
Obviously because you have never been arrested and released on bail, the effect it has on you and your family. This guy is facing 10 years in prison for murder. Not sure lots of people thinking it’s not going to happen is making him sleep better.
Having been a juror, the judge will instruct you on the law. If the new laws don’t help him, the jury have to be brave enough to go against the laws of the land to find him not guilty.

As much As I think he did the right thing, it might not help him in court.
All that is fine. But it doesn’t change the fact that he hasn’t been charged for murder, which is the point I thought I was quite clearly making.

Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Wed Jan 26, 2022 9:08 pm

Rileybobs wrote:
Wed Jan 26, 2022 9:01 pm
All that is fine. But it doesn’t change the fact that he hasn’t been charged for murder, which is the point I thought I was quite clearly making.
Also does not alter the fact he is still facing a possible 10 year jail sentence. The public calling for a medal does not mean the CPS will not charge him. Hope they don’t but fear they will.

TsarBomba
Posts: 1619
Joined: Mon Jul 18, 2016 4:51 pm
Been Liked: 1138 times
Has Liked: 288 times

Re: Maidan Vale murder

Post by TsarBomba » Wed Jan 26, 2022 11:06 pm

Hipper wrote:
Wed Jan 26, 2022 4:23 pm
Surely it isn't the driver/accused that chooses which law he will be charged with? It will be the CPS won't it? And if they choose to charge him they will choose a law that will achieve their objectives, presumably a conviction.
You misunderstand.

The 4 pieces of legislation I alluded to give the police/public the power to use force on any person. They are not pieces of legislation to charge someone.

If you were to use force to defend yourself, say on a night out with a drunken idiot throwing punches, this would be under common law.

If you were to use force to intervene in a crime, such as helping to detain a shoplifter at a local supermarket, you would be using force under Section 3 Criminal Law Act.

The driver in this instance has used force in the shape of a motor vehicle to try and prevent a crime taking place, and to apprehend the suspect.

The argument is whether that use of force was reasonable in the circumstances. I would personally deem it so. If I was in a similar situation, on patrol, then one of my tactical options would be to ram the suspect with my police car (if I can justify it). Don’t forget, even as a police officer i would be using the same powers as a member of the public- Section 3 Criminal Law Act.

If the use of force is ultimately deemed reasonable, he won’t be charged. That is a decision for CPS to come to.

Guppyspotter
Posts: 219
Joined: Sat Jan 23, 2016 12:49 pm
Been Liked: 64 times
Has Liked: 9 times
Location: Bristol
Contact:

Re: Maidan Vale murder

Post by Guppyspotter » Thu Jan 27, 2022 12:44 am

I would suggest a read of this for those who are interested in the nuances of the defence of 'defence of another' or the 'prevention of crime'.

https://www.cps.gov.uk/legal-guidance/s ... tion-crime

pushpinpussy
Posts: 2109
Joined: Thu Jan 21, 2016 7:57 am
Been Liked: 891 times
Has Liked: 134 times

Re: Maidan Vale murder

Post by pushpinpussy » Thu Jan 27, 2022 6:58 am

TsarBomba wrote:
Wed Jan 26, 2022 11:06 pm
You misunderstand.

The 4 pieces of legislation I alluded to give the police/public the power to use force on any person. They are not pieces of legislation to charge someone.

If you were to use force to defend yourself, say on a night out with a drunken idiot throwing punches, this would be under common law.

If you were to use force to intervene in a crime, such as helping to detain a shoplifter at a local supermarket, you would be using force under Section 3 Criminal Law Act.

The driver in this instance has used force in the shape of a motor vehicle to try and prevent a crime taking place, and to apprehend the suspect.

The argument is whether that use of force was reasonable in the circumstances. I would personally deem it so. If I was in a similar situation, on patrol, then one of my tactical options would be to ram the suspect with my police car (if I can justify it). Don’t forget, even as a police officer i would be using the same powers as a member of the public- Section 3 Criminal Law Act.

If the use of force is ultimately deemed reasonable, he won’t be charged. That is a decision for CPS to come to.
If the use of force is ultimately deemed reasonable, he won’t be charged.

That is NOT a decision for the CPS to come to. That is incorrect. Self defence is a DEFENCE and therefore that is a decision for a court to make. The CPS look at the evidential test ie is there sufficient evidence to provide a realistic prospect of conviction and if that is met they move on to the public interest test where the the prosecutor must ask themselves whether the public interest would be better served by the prosecution taking place, compared to if it did not take place.
This user liked this post: Jakubclaret

pushpinpussy
Posts: 2109
Joined: Thu Jan 21, 2016 7:57 am
Been Liked: 891 times
Has Liked: 134 times

Re: Maidan Vale murder

Post by pushpinpussy » Thu Jan 27, 2022 7:06 am

And Police officers are empowered by Section 117 Police and Criminal Evidence Act to use reasonable force, if necessary, when exercising powers not Section 3 Criminal Law Act 1967

Hipper
Posts: 5682
Joined: Fri Jan 22, 2016 1:33 pm
Been Liked: 1175 times
Has Liked: 918 times

Re: Maidan Vale murder

Post by Hipper » Thu Jan 27, 2022 7:39 am

pushpinpussy wrote:
Thu Jan 27, 2022 6:58 am
If the use of force is ultimately deemed reasonable, he won’t be charged.

That is NOT a decision for the CPS to come to. That is incorrect. Self defence is a DEFENCE and therefore that is a decision for a court to make. The CPS look at the evidential test ie is there sufficient evidence to provide a realistic prospect of conviction and if that is met they move on to the public interest test where the the prosecutor must ask themselves whether the public interest would be better served by the prosecution taking place, compared to if it did not take place.
But who chooses which law to charge the accused. It's the CPS isn't it (or the CPS in conjunction with the police perhaps), presumably based on the first part of their criteria for charging someone - is there sufficient evidence for a conviction?

TsarBomba
Posts: 1619
Joined: Mon Jul 18, 2016 4:51 pm
Been Liked: 1138 times
Has Liked: 288 times

Re: Maidan Vale murder

Post by TsarBomba » Thu Jan 27, 2022 7:46 pm

pushpinpussy wrote:
Thu Jan 27, 2022 6:58 am
If the use of force is ultimately deemed reasonable, he won’t be charged.

That is NOT a decision for the CPS to come to. That is incorrect. Self defence is a DEFENCE and therefore that is a decision for a court to make. The CPS look at the evidential test ie is there sufficient evidence to provide a realistic prospect of conviction and if that is met they move on to the public interest test where the the prosecutor must ask themselves whether the public interest would be better served by the prosecution taking place, compared to if it did not take place.
But he wasn’t using common law in this instance to defend himself. The driver was using force under Section 3 CLA.

And if the CPS deem there isn’t a realistic prospect of conviction, then he won’t be charged.

Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Fri Jan 28, 2022 10:58 am

TsarBomba wrote:
Thu Jan 27, 2022 7:46 pm
But he wasn’t using common law in this instance to defend himself. The driver was using force under Section 3 CLA.

And if the CPS deem there isn’t a realistic prospect of conviction, then he won’t be charged.
I would humbly suggest he was not defending himself, he could as others did just drive straight on and away from the scene.

He used his car as reasonable force, after locking himself in it.

As he says in his statement he is now going through hell, poor man.

Feel sorry for him and the poor lady victim.

Rowls
Posts: 13163
Joined: Wed Jan 20, 2016 11:00 pm
Been Liked: 5065 times
Has Liked: 5124 times
Location: Montpellier, France

Re: Maidan Vale murder

Post by Rowls » Tue Feb 01, 2022 4:13 pm

https://www.bbc.co.uk/news/uk-england-london-60218733

No charges. Must be a great relief and very happy that a sensible decision has been reached here.

evensteadiereddie
Posts: 9585
Joined: Thu Jan 21, 2016 9:45 pm
Been Liked: 3146 times
Has Liked: 10202 times
Location: Staffordshire

Re: Maidan Vale murder

Post by evensteadiereddie » Tue Feb 01, 2022 4:19 pm

Never in doubt.

conyoviejo
Posts: 5829
Joined: Thu Jan 21, 2016 12:38 pm
Been Liked: 2491 times
Has Liked: 1477 times
Location: On the high seas chasing Pirates

Re: Maidan Vale murder

Post by conyoviejo » Tue Feb 01, 2022 4:23 pm

evensteadiereddie wrote:
Tue Feb 01, 2022 4:19 pm
Never in doubt.
Exactly..Just a shame he couldn't have arrived a minute earlier to save the ladies life.

TsarBomba
Posts: 1619
Joined: Mon Jul 18, 2016 4:51 pm
Been Liked: 1138 times
Has Liked: 288 times

Re: Maidan Vale murder

Post by TsarBomba » Tue Feb 01, 2022 4:26 pm

pushpinpussy wrote:
Thu Jan 27, 2022 7:06 am
And Police officers are empowered by Section 117 Police and Criminal Evidence Act to use reasonable force, if necessary, when exercising powers not Section 3 Criminal Law Act 1967
Section 3 Criminal Law Act can be used by Police and members of the public.

TsarBomba
Posts: 1619
Joined: Mon Jul 18, 2016 4:51 pm
Been Liked: 1138 times
Has Liked: 288 times

Re: Maidan Vale murder

Post by TsarBomba » Tue Feb 01, 2022 4:30 pm

pushpinpussy wrote:
Thu Jan 27, 2022 6:58 am
If the use of force is ultimately deemed reasonable, he won’t be charged.

That is NOT a decision for the CPS to come to. That is incorrect. Self defence is a DEFENCE and therefore that is a decision for a court to make. The CPS look at the evidential test ie is there sufficient evidence to provide a realistic prospect of conviction and if that is met they move on to the public interest test where the the prosecutor must ask themselves whether the public interest would be better served by the prosecution taking place, compared to if it did not take place.
You were saying?

CPS have come to the decision that the driver be released with no further action. Use of force clearly deemed reasonable in the circumstances.

I sincerely hope, pushpinpussy, you don’t represent people in matters of criminal law.

Thankfully, the poor driver hasn’t had to be waiting too long for this decision to be made.
This user liked this post: GodIsADeeJay81

Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Tue Feb 01, 2022 4:39 pm

Correct decision made, thankfully quickly.

Hipper
Posts: 5682
Joined: Fri Jan 22, 2016 1:33 pm
Been Liked: 1175 times
Has Liked: 918 times

Re: Maidan Vale murder

Post by Hipper » Tue Feb 01, 2022 6:20 pm

In these circumstances the typical member of the public doesn't go into action thinking about any law. He just does what he can based on his fears, conscience etc.. It is in the aftermath of the deed that he has to face the consequences and those consequences are decided by authorities and perhaps individuals (victims) too. Most of us probably wouldn't think about this at the time as this driver probably didn't. If we did we would perhaps 'cross the road' to avoid the situation.

Lowbankclaret
Posts: 6571
Joined: Sun Jan 03, 2016 4:42 pm
Been Liked: 1233 times
Has Liked: 56 times

Re: Maidan Vale murder

Post by Lowbankclaret » Tue Feb 01, 2022 6:38 pm

Hipper wrote:
Tue Feb 01, 2022 6:20 pm
In these circumstances the typical member of the public doesn't go into action thinking about any law. He just does what he can based on his fears, conscience etc.. It is in the aftermath of the deed that he has to face the consequences and those consequences are decided by authorities and perhaps individuals (victims) too. Most of us probably wouldn't think about this at the time as this driver probably didn't. If we did we would perhaps 'cross the road' to avoid the situation.
I already admitted I would likely have driven away, however, this case being resolved and now having that knowledge. If faced tomorrow with this situation, I would run someone over with my Land Rover to try to save another.

I did think he might be charged, but glad he wasn’t.

Post Reply