hmmmm lets start a legal discussion (1 Viewer)

[mr EaZy]

in my class, we just go on with theory work, but other tutors give class discussion on hypothetical cases like this interesting one.


I invented a machine that can help detect a viral infection that normally kills in 30mins. i get a call from a hospital telling me a whole ward is infected (possibly- not sure) and they need to confirm it. im happy coz i might be able to sell my patent to them.

ok so i speed over to the hospital at 120k/h in a 60 k zone
i get to the hospital , diagnose the kids and all lives were saved


the problem is that a speed camera caught me and i got finedv

now i wanna appeal. do i have a case?
i just wanted to save a few lives!!!

 

[MoonlightSonata]

Speed cams are strict liability - generally there is no right of reply.

However, you can write a letter to them asking for it to be waived based on a long history of good driving (ie. no previous offenses in 10+ years or some such), and any other pertinent reasons - like the one you mentioned. (A person in our family has been exonerated from a red light cam in that manner). However, obviously you won't ever be able to get off again. For teenagers you're pretty much not going to get off without some really good justification

 

[sugared plum]

i think maybe you wanted to say 'should' - should i bet let off fine?

moral implications of the law / law & justice etc that might be more interesting than applying law about speeding.

 

[MoonlightSonata]

i think maybe you wanted to say 'should' - should i bet let off fine?

moral implications of the law / law & justice etc that might be more interesting than applying law about speeding.

"do i have a case?" clearly implies legal discussion, not moral discussion

 

[Frigid]

I invented a machine that can help detect a viral infection that normally kills in 30mins. i get a call from a hospital telling me a whole ward is infected (possibly- not sure) and they need to confirm it. im happy coz i might be able to sell my patent to them...

hahaha... this smells like 'Business Law and Ethics'...

Courts are not supposed to decide questions which are merely moot, theoretical, abstract or hypothetical. They are not supposed to offer opinions which are merely advisory, having no foreseeable consequences for particular parties.

mr eazy... another way you could do this is, say to your tutor, 'if the matter were to be called before a magistrate i would plead guilty and ask for a 'section 10' directing the charge to be dismissed on the grounds of s10(3)(c) (Crimes (Sentencing Procedures) Act 1999) - "the extenuating circumstances in which the offence was committed".

 

[Demandred]

Didn't a similar thing happen when a guy speeded to get his pregnant wife to hospital and got let off.

 

[Frigid]

Didn't a similar thing happen when a guy speeded to get his pregnant wife to hospital and got let off.

a 'section 10' isn't really letting someone off a charge. it is realising their guilt to an offence, but because of the various circumstances "it is inexpedient to inflict any punishment (other than nominal punishment) on the person" (s10(2)(a)).

 

[sugared plum]

"do i have a case?" clearly implies legal discussion, not moral discussion

yeah i know, i was talking to mr eazy.

 

[mr EaZy]

hey mr eazy how come you're doing business/law, and law subjects this semester? I was under the impression that all business/law students in first year don't do any law subjects in semester 1?

im doing a subject (Bizness subj) called business law and ethics

all business and commerce students do it

so they make us do it first semester -the only subject offered by the law faculty - it helps us prepare for next semester i guess.
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well thanks for the discussion guys!
this was meant to be for class discussion, but our tutor likes going on with theory and i was just curious about this case thats all.

put it like this.
if i was in this guys position and then i speed and stuff.
but i hit a guy in the street and killed him , then sped off to the hospital and saved a dozen lives would i be off the hook?


i dont think so!
thats man slaughter and hit and run charges- im doomed man!

even if i didnt do the hit and run,
what right do i have to put other lives in danger?
i wanted to save lives, its okay if i dont hit anyone
but a 120km/hr in a 60 k zone is too wreckless and i would have said the guy was endangering others.

what do u guys think?