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Old 12th Feb 2023, 10:56
  #959 (permalink)  
Raikum
 
Join Date: May 2010
Location: East of Eden
Posts: 31
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"What about the manslaughter element of "gross-negligence manslaughter"? Does my argument above have any legal merit? If not, I suspect it would resonate with many lay people, nevertheless."
Sorry my fault for sure but I'm not sure I quite understand the point you're making.. I should make it clear that I haven't read any of the transcripts, the AAIB report or anything else in any detail so I'm reluctant to comment on the facts of this ghastly affair. What does seem clear though is that the pilot messed up big time; hence the test 'truly exceptionally bad'. And sure he put his own neck on the line much like a driver indicted for the same offense but that, as per the facts in Misra,, is an irrelevance for a conviction.
I should add that though I was a lawyer in a past life (now gladly retired !), I never was involved in criminal cases so my knowledge is somewhat limited. Ironically though I was involved in a depressingly large number of medical negligence cases and one or two quite high profile aircraft accident cases.
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