Re: What's going on here?


"Ret." <xxx> wrote in message
news:_Mudnbi9n7YGcZzUnZ2dnUVZ8s3inZ2d@xxxxxxxxxxxx
Mike Ross wrote:
From:

http://www.stamfordmercury.co.uk/news/Double-death-crash-pair-found.4628035.jp

"A BUSINESSWOMAN who was over the drink drive limit when she ran down
and killed a young couple while speeding at 113mph is facing years
behind bars.

Mary Butres, 47, lost control of a high-performance Jaguar XJ8 saloon
after she hit standing water and aquaplaned while returning from a
day out at the races."

"They were killed instantly but Butres and her passenger John
Nichols, 58, who owned the car, escaped unhurt, Nottingham Crown
Court was told."

"Yesterday Butres, of St Mary's Street, Stamford, Lincs, showed no
emotion as she was found guilty of two counts of causing death by
dangerous driving.

Nichols, her business partner and lover of Manor Road, Carlby,Lincs,
was also found guilty of the same offences because he had failed to
tell her to slow down."


Now, how can a *passenger* be convicted of death by dangerous driving?

Presumably, somehow, his lack of action in suggesting to the driver
that they were perhaps driving too fast is somehow criminally
culpable, as the para. above suggests, but where is that written in
statue? What exactly are the legal responsibilities of a passenger?
What if he had not held a driving license, or had been a much less
experienced driver than the person in control of the vehicle? What if
he had been asleep, or reading, or on the phone?

What if he had given no statement after the accident? Presumably such
a conviction could only be secured on the basis of his own
admissions, absent any other witnesses?

I do find his prosecution & conviction a bit disturbing.

Note that the passenger was, in fact, the owner of the car and was
therefore 'permitting' the driver to drive. As the owner he had a
responsibility to ensure she was both licensed and insured to drive it
(which she probably was) - but as the owner and being in the car, he also
had a responsibility to ensure that she drove it safely.

Ret.
This places all husbands in an impossible position <g>
Being the owner of our car, dare I say anything about my wife's driving or
should I risk the consequences of not doing so.
Devil and the Deep Blue Sea come to mind !

B.


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