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Old 4th Sep 2006, 23:01
  #293 (permalink)  
Flying Lawyer
 
Join Date: Jul 2000
Location: London
Posts: 2,917
Grainger

I know nothing about the case beyond what I've read in various press reports but, if they are correct, she does seem to have been lucky to get the disqualification period reduced.

If the prosecutor at the original trial is correctly quoted, she was even luckier not to be prosecuted for causing death by dangerous driving.
Extract from BBC report:
Peter Coombe, prosecuting, argued: "You were driving up to double the speed limit on a single carriageway road, and you were doing that as you were heading towards a busy part of the road.
"You did not adjust your speed appropriately. I suggest that the proof that you were going too fast is that you failed to see two pedestrians who had made their way two thirds of the way across the road before you did see them."


bjcc says he "and a lot of other police officers, would suggest the sentences given to police officers are often heavier than non police for the same offence. Not always, just mostly."
He and they may well suggest that but, in my experience prosecuting and defending police officers over the years, and the experience of other barristers in my chambers who defend police officers, it's not true. (We do a great deal of police defence work, more than any other chambers in the country.)

A policeman may, in certain circumstances, be punished more severely than a member of the public for what is in law "the same offence" but that is where on the facts it is a more serious because he has abused his power as a policeman to commit the offence. That is regarded as an aggravating feature, and rightly so for obvious reasons.



BTW, Unwell_Raptor is not a DJ (District Judge). He's a JP (lay magistrate.)
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