Flood - tractor driver

[Harry Bloomfield]

I didn't see breaking windows - link?

It was shown on the BBC News, but I don't have a link.

 

[Harry Bloomfield]

Tractor driver breaks silence after ploughing through floodwater

The tractor causes a wave that seriously damaged property

www.gloucestershirelive.co.uk

Can't see the criminal damage going anywhere

The damage has been admitted, in the link you posted, plus windows broken. Any charge might be dropped, in view of the apology, and offer to pay for damage.

 

[blup]

I'd want to check out the back story, about borrowing a tractor to lend it to someone else to pick up a kid. Convincing but after the event, and no defence to reckless driving and damage. But it sounds like the Gloucester farming establishment will be influential, so probably only a due care and attention charge if at all. One for the CP S

 

[Stivino]

I'm quite sure it's illegal to carry passengers in a tractor, certainly children.

 

[motorbiking]

The damage has been admitted, in the link you posted, plus windows broken. Any charge might be dropped, in view of the apology, and offer to pay for damage.

On that basis, every time someone causes damage driving a car, due to an error, they should be charged with criminal damage.

 

[motorbiking]

I'm quite sure it's illegal to carry passengers in a tractor, certainly children.

Rescuing someone from a flooded house would be mitigation/special circumstances.

 

[Harry Bloomfield]

On that basis, every time someone causes damage driving a car, due to an error, they should be charged with criminal damage.

If it could be easily foreseen that damage could result, from the action, then yes. I thought you understood how the law works?

 

[noseall]

On that basis, every time someone causes damage driving a car, due to an error, they should be charged with criminal damage.

"due to an error" ....? Odd for you to be deliberately vague, lol.

'Without due care and attention' sounds more realistic as does 'dangerous driving' or 'careless driving'.

 

[motorbiking]

If it could be easily foreseen that damage could result, from the action, then yes. I thought you understood how the law works?

I do, which is why I am suggesting the act does not meet the Mens Rea of recklessness.

according to the report, he did not consider the impact his vehicle would have on the water and possible damage.

That means he did not consider the risk and do it anyway.

"due to an error" ....? Odd for you to be deliberately vague, lol.

'Without due care and attention' sounds more realistic as does 'dangerous driving' or 'careless driving'.

I'm not arguing against driving without due care. I'm suggesting a his stupid mistake, was not criminally reckless for the purpose of criminal damage.

 

[noseall]

I'm suggesting a his stupid mistake, was not criminally reckless for the purpose of criminal damage.

I'm sure, you and the tractor driver both. Others may look at the video and see an idiot or even a vandal, intent on pi$$ing everyone off in the village.

 

[Stivino]

Rescuing someone from a flooded house would be mitigation/special circumstances.

But, still illegal.

 

[Munroast]

i was wondering if it was a protest over inheritance tax or may be climate change - or both

or may be his dinner was ready

 

[Harry Bloomfield]

I'm suggesting a his stupid mistake, was not criminally reckless for the purpose of criminal damage.

You are suggesting he wasn't aware of what he was doing, I would suggest that without doubt, he well knew what he was doing and carried on regardless.

 

[carmanmemoranda]

A friend of the man, said to be a landowner in the market town, issued an apology on his behalf on social media, while others said he "did something without thinking". Another friend also took to social media on the man's behalf, writing: "I have been asked to pass on a message of apology from the driver of the tractor.

"The tractor was being taken to an employee so he could use it to get through the rising floodwaters to collect his child. In his rush to get it to his member of staff, he realised too late that he drove faster than he should have, and didn't consider the impact on surrounding buildings. He is deeply sorry for the upset and damage caused. He has spoken with police and his insurance company and will do whatever is necessary to put things right."

Tractor driver breaks silence after ploughing through floodwater

The tractor causes a wave that seriously damaged property

www.gloucestershirelive.co.uk

Can't see the criminal damage going anywhere

I thought you said there wasn't any damage caused, or not identifiable

 

[noseall]

I thought you said there wasn't any damage caused, or not identifiable

Remember the Angela Raynor thread....