Ramming a Garda RoadBlock

jaybeeveedub

so I am studying a fact scenario which includes an offender ramming a police cordon in a stolen car, and high speed pursuit....

So far I have come up with liability under

S.13 NFOAP 1997 - Endangerment

S.19 CJ (Public Order) 1994 - Assault of Peace Officer

S.53 RTA 1961 - Dangerous Driving

S. 109 - Failure to Stop

S.112 - Taking Vehicle


Have I missed anything major here?

Sempai

Criminal Damage - Section 2 Criminal Damage Act 1991
Sect 106 RTA - Hit and Run

and more some other offences
No Insurance
No Driving Licence etc

Ken.

[QUOTE=

and more some other offences
No Insurance
No Driving Licence etc[/QUOTE]

Failure to produce said licence/tax/insurance/nct

Reloc8

S. 2 Criminal Damage Act 1991 (both to stolen vehicle and garda vehicles/equipment).

jaybeeveedub

that Criminal Damage was a major oversight alright!!

many thanks!!

TylerIE

jaybeeveedub wrote: »

so I am studying a fact scenario which includes an offender ramming a police cordon in a stolen car, and high speed pursuit....

So far I have come up with liability under

S.13 NFOAP 1997 - Endangerment

S.19 CJ (Public Order) 1994 - Assault of Peace Officer

S.53 RTA 1961 - Dangerous Driving

S. 109 - Failure to Stop

S.112 - Taking Vehicle


Have I missed anything major here?

In a scenario (which was reported in newspapers local to the incident location) where the above happened the charges were Dangerous Driving, Insurance and Licence.

Failure to stop, theft, endangerment, criminal damage and assault were not charged.
Was particularly surprised re the endangerment and criminal damage elements being ignored in the reported incident.

MagicSean

lst wrote: »

In a scenario (which was reported in newspapers local to the incident location) where the above happened the charges were Dangerous Driving, Insurance and Licence.

Failure to stop, theft, endangerment, criminal damage and assault were not charged.
Was particularly surprised re the endangerment and criminal damage elements being ignored in the reported incident.

I dont see endangerment and dangerous driving both being charged for the same incident as they are quite similar charges. Same goes for criminal damage to the vehicle and unauthorised taking. It would usually just be the unauthorised taking charge. Again with criminal damage to other vehicles it would usually be dangerous driving and hit and run charges because the damage was done with the vehicles.

jaybeeveedub

Is there a particular preference to keep charges as far as is possible within the RTA 1961 when vehicles are involved?

I would have thought the DPP would have preferred a S.2(2) Criminal Damage charge (assuming of course for the moment that a Garda was sitting in the car as part of the roadblock) given it's far greater maximum penalty?

If there was no Garda in the car I can see the logic....

Reloc8

jaybeeveedub wrote: »

Is there a particular preference to keep charges as far as is possible within the RTA 1961 when vehicles are involved?

No.

jaybeeveedub wrote: »

I would have thought the DPP would have preferred a S.2(2) Criminal Damage charge (assuming of course for the moment that a Garda was sitting in the car as part of the roadblock) given it's far greater maximum penalty?

If there was no Garda in the car I can see the logic....

S. 2(2)(a) would apply with no one in the car. S.2(2)(b) covers the position where a garda is in or sufficiently near the car which is struck.Both carry the same potential sentences althouth 2(2)(a) is clearly generally likely to be considered less serious.

jaybeeveedub

are (a) and (b) not two constituent parts for a S.2(2) offence as opposed to separate offences...??

bath handle

There are often practical reasons as opposed to legal reasons why charges are not brought. Length of trial, the fact that sentences will run concurrently, difficulties with proofs etc. Sometimes the prosecution will drop a charge in return for a guilt plea to aanother charge.