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Old 01-07-2016, 23:54   #1
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Yann trial over

Link here

At the end of deposition hearing, the prosecution asked for a minimum of 6 months suspended sentence against the skipper, along with a fine of 20 000 euros and publication the conviction in the press.
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Old 02-07-2016, 02:54   #2
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Re: Yann trial over

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Link here

At the end of deposition hearing, the prosecution asked for a minimum of 6 months suspended sentence against the skipper, along with a fine of 20 000 euros and publication the conviction in the press.
Very unusual for the courts to get involved in any race
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Old 02-07-2016, 04:08   #3
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Re: Yann trial over

Your subject heading appears to be inaccurate.

"The prosecution asked for ......"

The defence has asked for acquittal. There is no indicate that the trial is over.
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Old 02-07-2016, 04:17   #4
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Re: Yann trial over

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Your subject heading appears to be inaccurate.

"The prosecution asked for ......"

The defence has asked for acquittal. There is no indicate that the trial is over.
No, the OP has recorded it accurately. The 'prosecution' have called for it.
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Old 02-07-2016, 04:20   #5
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Re: Yann trial over

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Very unusual for the courts to get involved in any race
There was grievous bodily harm involved - person lost a leg. On the contrary, he should have been locked up.

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Old 02-07-2016, 04:25   #6
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Re: Yann trial over

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

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"Grievous bodily harm" you say so you are claiming he deliberately did took this action which resulted in her injury?
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Old 02-07-2016, 04:52   #7
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Re: Yann trial over

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No, the OP has recorded it accurately. The 'prosecution' have called for it.
It was a Deposition Hearing.

"The judgment was reserved."

i.e. The case has not yet been decided.
So the trial is NOT over.
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Old 02-07-2016, 04:57   #8
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Re: Yann trial over

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"Grievous bodily harm" you say so you are claiming he deliberately did took this action which resulted in her injury?
"Grievous bodily harm" does not include any element of intent. It simply means that the action he took resulted in serious injury, whether that action was deliberate or not. You can cause GBH by negligence as well as by intent.
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Old 02-07-2016, 04:59   #9
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Re: Yann trial over

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It was a Deposition Hearing.

"The judgment was reserved."

i.e. The case has not yet been decided.
So the trial is NOT over.
Yes, I know this and so does the OP. He said nothing suggesting otherwise.
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Old 02-07-2016, 05:02   #10
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Re: Yann trial over

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"Grievous bodily harm" does not include any element of intent. It simply means that the action he took resulted in serious injury, whether that action was deliberate or not. You can cause GBH by negligence as well as by intent.
I did not mention 'intent', I mentioned a deliberate action. In most parts of the world 'gbh' requires that the 'action' that led to the harm was deliberate.

And it's certainly more than negligence.

Though 🤔 'Intent' is also usually required in a criminal trial too.
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Old 02-07-2016, 05:04   #11
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Re: Yann trial over

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Your subject heading appears to be inaccurate.

"The prosecution asked for ......"

The defence has asked for acquittal. There is no indicate that the trial is over.
I've just realised why you are saying this. The 'OP's heading 'trial over'. Your correct, the 'heading' is misleading.
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Old 02-07-2016, 05:14   #12
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Re: Yann trial over

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I did not mention 'intent', I mentioned a deliberate action. In most parts of the world 'gbh' requires that the 'action' that led to the harm was deliberate.

And it's certainly more than negligence.
I stand corrected. You didn't say intent - that was my error in confusing "intent" with "deliberate". I should have been more careful with my interpretation.

However both "negligently: and "recklessly" are legal terms frequently attached to offences involving GBH. That can include situations without any specific intent or deliberate action.

I guess the court may have reserved its judgement partly on the question of whether this was the result of negligence or recklessness.
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Old 02-07-2016, 05:19   #13
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Re: Yann trial over

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I stand corrected. You didn't say intent - that was my error in confusing "intent" with "deliberate". I should have been more careful with my interpretation.

However both "negligently: and "recklessly" are legal terms frequently attached to offences involving GBH. That can include situations without any specific intent or deliberate action.

I guess the court may have reserved its judgement partly on the question of whether this was the result of negligence or recklessness.
This is not correct in either the Britain or Australia. I'm supposing it might be different there.
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Old 02-07-2016, 05:50   #14
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Re: Yann trial over

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"Grievous bodily harm" you say so you are claiming he deliberately did took this action which resulted in her injury?
I'm not claiming anything -- I'm not the prosecutor.

But the facts, from what we can see, look quite bad for the skipper -- quite reckless and aggressive behavior, which resulted in a person losing a leg.
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Old 02-07-2016, 06:01   #15
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Re: Yann trial over

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Originally Posted by Rustic Charm View Post
I did not mention 'intent', I mentioned a deliberate action. In most parts of the world 'gbh' requires that the 'action' that led to the harm was deliberate.

And it's certainly more than negligence.

Though �� 'Intent' is also usually required in a criminal trial too.
Rustic is correct. Rustic is an ex-cop and knows I'm an ex-lawyer. He was just showing off that he remembers this stuff

The mens rea required for GBH is complicated and interesting. In layman's terms, however, recklessness is generally enough.
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