Wouldn’t be surprised for them to leave him suspended until this all blows over. They wouldn’t put somebody on their news channel who’s on the verge of the sack, would they?
The appalling dirty bastard. £1m contract flegged away. Will probably get an enormous contract with that lot that Mourinhos signed up for. Should spend a month picking up dog **** in Pearson Park or liverpool equivalent if he's that sorry. Indicative of celebrities who think they are above everyone else, and so contrite when they get caught out. Top ****. And what sort of example does the father set to his daughter? She gets covered in a volley of golley because of her old man. He should get his collar felt by the 'bizzies' driving whilst using a mobile.
Sounded scouse in the video to me, I think he was Everton fan. I also think the driver should be done if he did indeed film it all whilst driving.
It would not be an assault. On the evidence, that the girl alleges he spat on her, the most appropriate offence would be battery. A battery refers to the use of unlawful force, including pushing, slapping or spitting on another person. MoH
I don't know if it's changed, but the law on mobile phones used to relate to the frequency they operate at, which created a loop hole for some gadgets that meant it worked at a different frequency, such as bluetooth. If it's not being used to communicate, the fact it's a phone is irrelevant. They'd have to prove he wasn't in control of the vehicle or acting recklessly.
I don't consider driving next to another vehicle, honking the horn to get the driver's attention and then filming them as you shout across to them as acting in a non reckless matter. An 8 year old was killed walking home from a school near me with his mother, the mother and his sister were both injured,when some stupid cow drove onto the pavement, not paying attention as she was engrossed in reading her e-mails. She wasn't using it to communicate. Does that make it irrelevant?
No, a battery is a form of assault under the umbrella of common assault contrary to s39 of the OAPA 1861. MoH
It means that she was driving without due care and attention, and seemingly reckless to the consequences. Alternative Offences In cases where there is doubt about the nature of the device, or dispute about whether it is being used, the alternative offence under section 41(D)(a) of the Road Traffic Act 1988, contravening Regulation 104 (driving in such a position that he cannot have proper control of the vehicle) may be preferred. The following uses of a mobile phone are likely to be regarded as "dangerous driving": using a hand-held mobile phone or other hand-held electronic equipment whether as a phone or to compose or read text messages when the driver avoidably and dangerously distracted by that use; R v Browning (2001) EWCA Crim 1831, R v Payne [2007] EWCA Crim 157; driving whilst unavoidably and dangerously distracted such as whilst reading a newspaper/map, talking to and looking at a passenger, selecting and lighting a cigarette or by adjusting controls of electronic equipment such as a radio, hands-free mobile phone or satellite navigation equipment. Using a hand-held mobile phone or other hand-held electronic equipment when the driver was avoidably and dangerously distracted by that use will also be considered by the courts as an example of careless or inconsiderate driving. However, if this is the only relevant aspect of the case, a section 41D(b) charge will be more appropriate. https://www.cps.gov.uk/legal-guidance/road-traffic-offences-mobile-phones
The sentence she got was a lot less than I, and other parents, would have given her, that is a fact. Of course the courts hands are tied by ridiculous guidelines.
Without even knowing the sentence, I'm sure I'd agree, however, the point is, simply having hold of the phone, isn't necessarily an offence in itself. Personally, I think it should be, but it'd create a lot of work for the courts. I did read of one tosser that kept driving past a Police car with a pretend phone stuck to his ear, presumably to prove a point. I don't recall the outcome, but hopefully he got done for wasting Police time, every fault they could find on his vehicle, and being a dick.
Delightful! So unnecessary but predictable. I use the OAPA daily in my line of work ergo... Google not required. MoH
Sky News @SkyNews The parents of the 14-year-old spat at by Jamie Carragher have called on Sky not to sack him.
