Re: What's going on here?

On Sat, 25 Oct 2008 16:21:38 +0100, The Wanderer <wanderer@xxxxxxxxx> wrote:

On Sat, 25 Oct 2008 09:54:44 -0400, Mike Ross wrote:

He then went on to, apparently, passively acquiesce to her driving too fast in
very heavy rain. If indeed he was aware of her speed. I don't see how that
passive acquiescence could or should amount to 'aiding and abetting'. If he had
said 'go on, put your foot down, throw it around a bit, let's have some fun' -
yes. But to call that degree of inaction 'aiding and abetting' - no... it would
be much better for him if he had simply fallen asleep from his excess of wine.
For the law to treat him as so culpable for merely being awake but saying
nothing... no, I don't buy that. Do you see my point?

No, not really. For a start, we none of us know what was said in their
statements, or what was said in court. The only thing that we do know for
certain is what was reported by the newspaper

Aye, and as I posted elsewhere, the Express have a direct quote:

"Prosecutor Michael Fowler said Nichols could have stopped Butres. ?He was in a
position to say to her at any time ?stop? or ?slow down?. In not doing that he
was as guilty as she is,? he said."

I'm sorry, he said it but I don't buy it. Criminal 'aiding and abetting'
requires, or should require, more - much more - than someone merely keeping
silent when (some would say) they should have spoken up.

Mr Fowler said witnesses noticed how quickly the Jaguar was travelling,
but he added: "Even that is not the best evidence of her speed.

"The Jaguar was fitted with 'black box', a device which records key
features of the performance of the vehicle when it is triggered."

The recorder showed the Jaguar was travelling at 113mph - whereas other
traffic had slowed to 40mph because of the standing water.

Mr Fowler added: "It was a massive speed for the situation at the time.
It was plainly dangerous, driving at that speed in those conditions."

He said Nichols could have prevented Butres from causing the tragedy.

Ah you found the quote too.

"He was in a position to say to her at any time 'Stop' or 'Slow down'.
In not doing that he was as guilty as she is. It is plain he did not
intervene," he said.

On that basis, and whether you like the idea or not, it seems that the
passenger in a vehicle being driven dangerously may well be prosecuted -
presumably aiding and abbetting - if they fail to make representations to
the driver to slow down. Seems pretty clear cut to me.

I don't like the idea, and I'm not so sure an appeal court would like the idea.
I think there may well be grounds for appeal here. Can we have some more input
from someone with experience of the criminal law? What's the threshold for
aiding & abetting? Has simply remaining silent been found to amount to aiding
and abetting in other cases? It doesn't seem very clear cut to me.

On the basis of your argument, a bystander could be convicted of aiding &
abetting an assault, on the basis that they remained silent and didn't
intervene, rather than remonstrating with the assailiant and doing everything
they could to get them to stop.

Mike
--
http://www.corestore.org
'As I walk along these shores
I am the history within'
.

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