Politician who cracked down on speeding arrested for killing biker in road rage incid
09-03-09, 06:32 PM
#31
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An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.
09-03-09, 07:11 PM
#32
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a good lawyer will egt this case reduced or thrown out all together. The driver ( killer) can just claim that the bike rider was going to hurt hi, him and claim anything happened that will help his case. This will probably be one of those unfortunate events where the driver will get a light sentence or massively reduced sentence because he was claiming self defense.
09-03-09, 07:22 PM
#33
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a good lawyer will egt this case reduced or thrown out all together. The driver ( killer) can just claim that the bike rider was going to hurt hi, him and claim anything happened that will help his case. This will probably be one of those unfortunate events where the driver will get a light sentence or massively reduced sentence because he was claiming self defense.
09-03-09, 07:39 PM
#34
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The article is really one sided. The biker was arrested for causing a disturbance at his girlfriends place after drinking (he was known to have alcohol problems) shortly beforehand.
Once they collided (probably due to the bike drivers fault), the biker started to attack the guy driving the car.
Here is what people witnessed:
The driver of the car was at a dinner with his wife beforehand, and he had not been drinking.
Not saying it was justified, but I can totally understand the reaction considering what the biker did. I would have feared for my safety and tried to disable him/get away if he had me in a headlock!
Source: http://www.cbc.ca/canada/toronto/sto...eppard523.html
Once they collided (probably due to the bike drivers fault), the biker started to attack the guy driving the car.
Here is what people witnessed:
Police have seized a number of video surveillance tapes from the stretch of Bloor Street where the confrontation occurred and are examining them frame-by-frame to confirm the accuracy of witness accounts that have suggested the cyclist may have been trying to get Bryant into a headlock and that the two may have been wrestling for control of the wheel.
Not saying it was justified, but I can totally understand the reaction considering what the biker did. I would have feared for my safety and tried to disable him/get away if he had me in a headlock!
Source: http://www.cbc.ca/canada/toronto/sto...eppard523.html
09-03-09, 09:15 PM
#35
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You're basing this assumption, though, on the limited amount of what we know from the posted article, which, as I pointed out before, is deficient in several areas. The full investigation will probably produce a clearer picture (with more witnesses) of what actually happened than a simple aticle with a couple of paragraphs. And, as far as "good lawyers" go, don't forget that the defendent, in this case, was a State Attorney General......the highest-ranking lawyer in the state.
But for all of you that are making self-defense assumptions based on US law....it doesn't apply the same way up here. This crime, yes crime, happened in Canada and will be prosecuted under our laws. I still think the eventual outcome will be a joke anyways, but he won't get off on a straight self-defense argument.
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