VOR boat in Fatal Collision.

[Dockhead]

Originally Posted by JPA Cate

Don't know about NZ laws, but in the US, murder requires "malice aforethought."

Ann

Not since the 19th century.

Murder is defined differently in different states, but murder can exist in all of them without premeditation or even specific intention to kill -- generally a high degree of recklessness (sometimes called "depraved indifference" of "depraved heart") is enough. People who kill people while driving drunk get sentenced for murder from time to time following this concept.

I can't tell you about Chinese law, but I do know that you can get 5 years of prison in China for homicide committed through ordinary negligence.

[Dockhead]

Originally Posted by fxykty

Correct, but it also doesn’t absolve the fishing vessel of not avoiding a collision. Both boats are always required to keep clear - I don’t believe there has ever been a ruling under COLREGs where one vessel was 100% responsible.

And to be clear, racing boats are only subject to RRS with other boats in the same race. With all other vessels they are subject to COLREGs, including I believe yachts participating in a different race.

Indeed. If the F/V was indeed engaged in fishing, and showing proper shapes or lights for that, then that might reduce somewhat the responsibility of the F/V, but would not eliminate it. Even if the F/V couldn't maneuver at all, even if it had been at anchor, it would have been required to keep a proper watch, detect the potential collision, and at least give a warning.

Likewise, whether or not the F/V was engaged in fishing, and who was stand-on and who was give-way, would have little influence on the responsibility of the yacht.

[NevisDog]

This thread doesn't seem to have been updated since the pictures of Vestas arriving Auckland were published. Photos clearly show the massive extent of damage to the UNDERSIDE of Vestas' bow section, indicating the yacht's bow must, almost certainly, have run clean over the top of the small 'fishing boat' that it sank. The collision appears to have been more of a 'ramming' - certainly not a 'glancing blow', as we may have assumed from earlier photos that showed only the gash in the port bow of Vestas.

I put 'fishing boat' in quotes as it seems there may be some element of doubt over what the other boat was doing at the time of collision, but maybe I'm misinterpreting the scant information available on-line. At least I think I was wrong in believing there was only one boat to be avoided and there may well have been a second boat that went unseen - who knows?

[NevisDog]

From Sail World:"Sail-World understands that ... three fishing boats were involved in the incident with two of those being well lit and visible to the crew, the third was unlit and the contact was made with the third boat's wheelhouse, as Vestas 11th Hour Racing sailed over the top of the unlit fishing boat at a speed of about 20kts. The damage to the underside of the bow section is consistent with this account. No details have been released officially of the incident."