Yann trial over

[Training Wheels]

More like Speeds from 10 to 30+ knots.

[barnakiel]

Originally Posted by Dockhead

There was grievous bodily harm involved - person lost a leg. On the contrary, he should have been locked up.

Sent from my D6633 using Cruisers Sailing Forum mobile app

Why?

If you lock a person up, the taxpayer funds their food and video games for the lockup period.

If someone is found guilty, they should be working their ass off, paying damages to the victim.

b.

[ejlindahl]

Parden my tangent, can't let it pass. Just a note about prison. Unfortunate mental circumstance put my brother there. It ain't no picnic. Certainly not video games. B&W crappy little TV if your cell mate doesn't object. Loud and noisy all day in the concrete walls. BORING as hades. Minimal portions of crappy, canned, bland industrial food. Whole prison lockdown when gangbangers fight. An hour or two of yard time 2-4 days a week or a few days in hobby shop for those that can get in, IF the shop guy isn't out sick/hurt/or vacation. My brother is doing his time but it is not fun and I wonder how he'll be mentally when he's done paying his debt to society. He's older with a respectable prior life giving him some (meager) income when he gets out but many young stupid kids become life time criminals mentored by other stupid people there and the lack of counseling and opportunity in the ever decreasing prison budget. Ok its prison and they are there for a (sometimes not so good) reason but its not country club and there is minuscule chance for rehabilitation. My bro will be ok, he's got me, and a small annuity, but 90+% don't have nuttin. Oh, and for every 100 bucks I send him for rediculously marked up coffee, candy bars, 1/4-decent shoes for his foot problems, or a radio, a book or wood to use in hobby shop the state takes 35+% so some are paying a small portion of their stay.

I don't think the reckless skipper should be locked away for long but definately a little quiet time to contmeplate his actions is in order, Plus a review of his captains priviledge/certification, alot of community service (like teaching safe boating classes). Add restitution for the poor woman.

[Dockhead]

Originally Posted by barnakiel

Why?

If you lock a person up, the taxpayer funds their food and video games for the lockup period.

If someone is found guilty, they should be working their ass off, paying damages to the victim.

b.

OK, I think there is a lot of logic in that. I can't disagree at all.

But anyway that's a somewhat different conversation -- how to punish someone, as opposed to whether the person should be punished.

Looks like in the event, he got a suspended prison sentence.

[K_V_B]

Originally Posted by tomfl

As a rule a boat under sail has the right of way over a power boat and the most burdened boat, in this case a 100 ft sailing multihull, has the right of way over the least burdened boat, in this case an inflatable with a big outboard to keep up with somewhat fast sailboats.

Here we go again...

There is no "right of way" at sea. Both parties are equally responsible for preventing collisions. We've been there a few times...

[Dockhead]

Originally Posted by K_V_B

Here we go again...

There is no "right of way" at sea. Both parties are equally responsible for preventing collisions. We've been there a few times...

Indeed, and the distinction is very important.

There is no "right of way", no "burden", and no "privilege", at sea. It doesn't work that way at all.


Another comment to TomFl's post concerns the so-called "Napoleonic Code", referred to several times. The Code Napoleon, not really called that any more except in movies, is a civil code. Nothing to do with criminal law or liability. French law deals with injuring a person through recklessness, much the same way Anglo-American law does. The definition of mens rea is simpler, but the bottom line is that in France as in the UK as in the US -- if you injure a person through your recklessness, you can go to jail.

[barnakiel]

Originally Posted by Dockhead

OK, I think there is a lot of logic in that. I can't disagree at all.

But anyway that's a somewhat different conversation -- how to punish someone, as opposed to whether the person should be punished.

Looks like in the event, he got a suspended prison sentence.

As far as whether is concerned, the jury found him guilty and that's that.He was driving and caused an accident. Just like any other car accident.

Drive responsibly.

b.