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10 Jan 12 - 02:00 AM (#3287879) Subject: BS: Saw a man drowning- and stole his bike From: GUEST,Paul Burke Should he have been charged with manslaughter? A drunk fell off his bike and into a canal. A neb came past and saw the bike, so he nicked it. He admits that he saw the man in the water, but did not alert anybody about this. He sold the bike for 20 pounds. The drunk may well have passed to that Great Alehouse In The Sky when the thief saw him, and four months for stealing a bike seems reasonable, but should there have been some enhancement for his behaviour? If not manslaughter, what else could he have been charged with? |
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10 Jan 12 - 03:47 AM (#3287890) Subject: RE: BS: Saw a man drowning- and stole his bike From: Richard Bridge Manslaughter won't wash. There is no general activity duty. I can't think of any other suitable charge. |
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10 Jan 12 - 07:51 AM (#3287998) Subject: RE: BS: Saw a man drowning- and stole his bike From: bobad In Canada Obligation to Help Someone in Trouble The common law provinces have no laws making it obligatory for people to help someone in need. Quebec is unique in Canada in imposing a duty on everyone to help a person in peril. The duty to take action stems from the Quebec Charter of Human Rights and Freedoms enacted in 1975, and the Civil Code. The Charter contains a provision that imposes an obligation to render aid if it can be accomplished without serious risk to the good samaritan or a third person. There is still little jurisprudence interpreting these provisions. Under the Civil Code, every person is obligated to act as a bon pere de famille, broadly defined as a reasonably prudent person. Failure to do so would amount to fault and lead to legal wrong. |
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10 Jan 12 - 07:54 AM (#3288002) Subject: RE: BS: Saw a man drowning- and stole his bike From: Brian May Well it's not as if he NEEDED the bike anymore is it . . . INCOMING . . . ! |
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10 Jan 12 - 08:08 AM (#3288016) Subject: RE: BS: Saw a man drowning- and stole his bike From: Richard Bridge Yeah, but the fish might |
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10 Jan 12 - 08:31 AM (#3288034) Subject: RE: BS: Saw a man drowning- and stole his bike From: Bobert Maybe there are some justified situations for water-boarding??? B~ |
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10 Jan 12 - 09:04 AM (#3288051) Subject: RE: BS: Saw a man drowning- and stole his bike From: Becca72 Depraved Indifference? |
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10 Jan 12 - 12:49 PM (#3288192) Subject: RE: BS: Saw a man drowning- and stole his bike From: Mrrzy In some states it's illegal to pick up hitchihikers, in others it's illegal NOT to, like in Death Valley where they would die of dehydration before the next car came by... |
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10 Jan 12 - 02:39 PM (#3288250) Subject: RE: BS: Saw a man drowning- and stole his bike From: open mike inexcuseable! |
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11 Jan 12 - 12:46 AM (#3288476) Subject: RE: BS: Saw a man drowning- and stole his bike From: LadyJean Despicable, especailly these days when everyone carries cell phones! I think there are states where the law mandates that you must come to someone's aid if necessary. I know he ought to have gotten more than four months for being such a slime ball. Incidentally, in Western Pennsylvania, where I live, a neb is an inquisitive person. What's a neb where you are? |
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11 Jan 12 - 12:54 AM (#3288480) Subject: RE: BS: Saw a man drowning- and stole his bike From: MGM·Lion I took it that OP used "neb" as a colloquial abbreviation for "nebbish", a Yiddish word originally, meaning a feeble nonentity; or, in contemp common parlance, a "loser". Is that indeed what you meant, Paul? ~Michael~ |
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11 Jan 12 - 12:56 AM (#3288481) Subject: RE: BS: Saw a man drowning- and stole his bike From: MGM·Lion The W Pa meaning that Lady Jane cites, OTOH, presumably derives from the slang term "neb" for the nose ~~ hence a Prodnose or NoseyParker. ~M~ |
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11 Jan 12 - 02:00 AM (#3288495) Subject: RE: BS: Saw a man drowning- and stole his bike From: GUEST,Paul Burke It's a word that was used for flyboys, chancers, wasters, chavs, in Salford back in the days when it was neither profitable nor popular. But call him whatever that stream of captiousness the Daily Mail likes to use at the moment if it distracts you. I'm more worried about the callousness of the shit, and amazed that there appears to be no law capable of punishing such behaviour, in him and others. |
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11 Jan 12 - 04:14 AM (#3288509) Subject: RE: BS: Saw a man drowning- and stole his bike From: Nigel Parsons In some states it's illegal to pick up hitchihikers, in others it's illegal NOT to, like in Death Valley where they would die of dehydration before the next car came by... One would be tempted to wonder how a hitchhiker got into Death Valley in the first place. Not picking them up would seem to assist 'natural selection'. |
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11 Jan 12 - 02:26 PM (#3288834) Subject: RE: BS: Saw a man drowning- and stole his bike From: Paul Burke Their car crashed or broke down? |
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11 Jan 12 - 04:16 PM (#3288909) Subject: RE: BS: Saw a man drowning- and stole his bike From: Mrrzy Yes, one assumes the hitchhiker had been in a car... Or in Alaska, they might just need a ride out of the snow. And maybe the lousy Samaritan saw a man SWIMMING and stole his bike? |
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11 Jan 12 - 06:17 PM (#3288967) Subject: RE: BS: Saw a man drowning- and stole his bike From: Stilly River Sage You can always come up with absurd scenarios - in which case I suppose there are things you can do to make it easier for the hitchhiker, like leaving a gallon of water and a parasol nearby and let them pick it up. "Failure to render aid" is taken very seriously here in the U.S. SRS |
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11 Jan 12 - 06:58 PM (#3288995) Subject: RE: BS: Saw a man drowning- and stole his bike From: katlaughing Absurd scenarios, here, might also include going after whoever sold the dead man so much ale that he couldn't ride his bike safely, thus they would be culpable. |
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11 Jan 12 - 07:02 PM (#3288997) Subject: RE: BS: Saw a man drowning- and stole his bike From: Don Firth There have been reports from time to time of dolphins who, in a "man overboard" situation, have managed to keep someone afloat until help arrived. And in one instance at least, while some dolphins supported the human, others in the school ganged up and drove sharks away. And most people regard them as "sub-human." The problem is that some humans are sub-human. Don Firth |
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11 Jan 12 - 07:13 PM (#3289002) Subject: RE: BS: Saw a man drowning- and stole his bike From: McGrath of Harlow I'd have thought there'd be a good case for saying the thief was guilty of a failure of duty to care: The leading judicial test for a duty of care in the United Kingdom was found in the judgments of Caparo Industries plc v Dickman,[1] in which the House of Lords set out the following three-part test: Harm must be a "reasonably foreseeable" result of the defendant's conduct; A relationship of "proximity" between the defendant and the claimant; It must be "fair, just and reasonable" to impose liability. (That comes from a Wikipedia article, which I believe is accurate enough.) That was the only charge they allowed the police to be tried on after Jean Paul Menenzes was butchered on a London Tube train. And convicted. |
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12 Jan 12 - 04:30 AM (#3289157) Subject: RE: BS: Saw a man drowning- and stole his bike From: Richard Bridge McGrath 1. Civil liability is not a matter of "charge". 2. The (since somewhat evolved) duty of care in Caparo -v- Dickman applies to action, not inaction (unless there is a duty to act, which might, for example, in a auditor case, have arisen by contract). Compare John Munroe -v- London Fire Brigade, (1997, CA) and Kent -v- Griffiths (No3) (2000, CA). 3. There is no obvious proximity between the "neb" and the drowning man. |