Jump to content
Thailand Visa Forum by Thai Visa | The Nation
webfact

Murder! Police charge driver who went the wrong way and killed baby

Recommended Posts

Thian    3,430
2 hours ago, Formaleins said:

Problem seems to me that if they charge him with murder, they will have to prove he planned to kill the baby, which I would have thought would be easy for a decent lawyer to get him off with.

Sure;y it would have made more sense to have charged him with manslaughter or similar, where intent is not an onus on the prosecution.

So reckless driving with death as result is not punishable in Thailand?

 

He's still lucky there were not many more victims...even in BKK on Chaeng Wattana i've seen cars driving agains traffic...Thailand only krab...kob khun krab....

Share this post


Link to post
Share on other sites
TKDfella    409
4 hours ago, worgeordie said:

How will a prosecution lawyer 'prove' intent?, I think knowingly driving

the wrong way down a road,should be enough.as it was said he knew the area well.

regards worgeordie

I don't think so. Driving down the wrong side of the road is an attempt to break the traffic law. It might have been attempted suicide but I'm not sure if that deliberately hitting another truck is attempted murder.

Share this post


Link to post
Share on other sites
edthhd    1

This sort of thing will continue to happen until the police crack down on wrong way drivers who do this just to avoid driving a few extra meters and making a U-turn. This is particularly abused by motorbike drivers who think it has no impact until they meet a motor bike going in the right direction and force him - or her - into traffic.

 

  • Like 1

Share this post


Link to post
Share on other sites
connda    4,442

Their probably is a translation issue here.  This doesn't fit the legal definition of murder.  Murder generally includes intent or malice aforethought which is still a form of intent.  Prosecution would have to prove intent.  Vehicular homicide?  That fits and should stick. No need to prove intent or malice.  Just prove the idiot was drunk, driving the wrong way on the highway, a killed someone.  CCTV and blood test - slam dunk!

I hope he does a lot of reflection while he's in prison, if he goes to prison.  TIT. 

Edited by connda
  • Like 1

Share this post


Link to post
Share on other sites
farcanell    1,575

Manslaughter at best... negligence causing death would be what a defense lawyer would pursue. (As he's already admitted culpability)

 

 

IMG_4602.PNG

Share this post


Link to post
Share on other sites
puffy    198
19 hours ago, Wiggy said:

I might get slated for this, but I'm worried he'll get off. I can't see how a murder charge can be proven. How will a prosecution lawyer 'prove' intent?

What was the motive? How can premeditated murder be shown to be his intention? Then, with the murder and attempted murder charges dropped, he's left with a drink driving charge only. Not much (if any) jail time for that.

I think the murder charge can stick. In law it is the what a reasonable person could expect in a situation. If you went out with a loaded gun and started shooting into a crowd a reasonable person would expect to kill someone so therefor it would be murder, likewise if you deliberately drive the wrong way in the fast lane of a highway a reasonable person would expect to kill someone this is enough to prove murder.

Share this post


Link to post
Share on other sites
Ossy    120
6 hours ago, webfact said:

They (the Police) told Daily News they believe that in the circumstances there is sufficient evidence to make the murder and attempted murder charges stick

How much more evidence could they possibly have? Video footage, positive alco-check; what more do they need for the charges to stick? Is the accused in custody or are the cops waiting for him to do a Yingluck? Perhaps the wife gave the cops more than a big pack of lies.

Share this post


Link to post
Share on other sites
Grumpy Duck    205
5 hours ago, Wiggy said:

I might get slated for this, but I'm worried he'll get off. I can't see how a murder charge can be proven. How will a prosecution lawyer 'prove' intent?

What was the motive? How can premeditated murder be shown to be his intention? Then, with the murder and attempted murder charges dropped, he's left with a drink driving charge only. Not much (if any) jail time for that.

Ordinarily manslaughter and reckless endangerment are lesser included offenses. It is common sense if a person drives under the influence of alcohol (or drugs), there is a knowlege a deadly accident may occur as a result. 

  • Like 1

Share this post


Link to post
Share on other sites
darksidedog    12,126
5 hours ago, Wiggy said:

I might get slated for this, but I'm worried he'll get off. I can't see how a murder charge can be proven. How will a prosecution lawyer 'prove' intent?

What was the motive? How can premeditated murder be shown to be his intention? Then, with the murder and attempted murder charges dropped, he's left with a drink driving charge only. Not much (if any) jail time for that.

He hasn't been officially charged with anything yet, regardless of the story. The Prosecutor will file an official charge, or indictment after 84 days. The cops have handed him the case files and asked for those charges. I would suspect the final charges will be causing death by reckless driving and the same charge while drunk. He wont be getting off those and rather hefty sentencing to boot.

Edited by darksidedog
typo
  • Like 1

Share this post


Link to post
Share on other sites
sweatalot    4,498

that pixeled foto of the dead baby is of no use - it doesn' contain any information. I wouldn't even know what is on it if I hadn't see an unpixeled  one  before. The big foto would be better without it.

Share this post


Link to post
Share on other sites
richard_smith237    6,334

I dont think we need to get hung up on the word Murder - it translates into Thai the same as Manslaughter (one translating as a verb the other as a noun).

 

Its pretty obvious that they mean the drunk driver is being charged with Manslaughter, which I believe is correct, through his poor choices and actions he killed an innocent child. 

 

I would like to see a lot more of these stories whereby in the aftermath of an accident all parties are automatically tested for drugs and alcohol and if not the BiB are charged for failing to do their job. 

 

Much can be improved to act as a deterrent for other self centered people who have no considerations for others no matter their mood / temperament at the time... 

 

 

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Recently Browsing   0 members

    No registered users viewing this page.

BANGKOK 21 September 2017 23:03
Sponsors
  • Popular Now

×