Wednesday, 6 June 2018

There are limits to the law

or there should be. There is a point at which commonsense has to prevail.
There is a piece in the paper this morning about the prosecution of a 91yr old man. Apparently he had, sensibly, given up his driving licence some months beforehand but his wife asked him for some help backing down the driveway of their new home. In doing so he hit her and killed her.  
Now he is facing court on death by dangerous driving and driving without a licence charges - and the prospect of being sent to prison. I am not suggesting nothing should be done. A death has occurred. It needs to be fully investigated but if the facts as reported are correct then there is something very wrong with all this.
No, he should not have been behind the wheel of a car without a licence but he was not out on the road and apparently had no intention of going there. 
He was not intending to do harm. His wife had apparently asked for help. The natural thing to do was give that help. In all likelihood it did not even occur to him that simply getting behind the wheel on their own property was an offence.
At 91 he has apparently had two heart attacks and is still distraught at what he has done. Unless it can be shown he intended to do harm then there should be no suggestion of sending him to prison at all. He almost certainly won't go there of course but it should not even have been suggested. The consequences of his act are punishment enough - and a fine and court costs will be part of that.
But, commonsense please. The law doesn't need a death in custody as well.
 

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