Who is in charge of the car

Forums › Transport (cars, bikes and boats) › Who is in charge of the car

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scuwp

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#2619807 11-Dec-2020 07:36

Not sure where everyone is getting the "in charge" from. This isn't America. The legislation around drink driving all refers to "driving" or "attempting to drive". The father clearly was neither. He could and arguably should have been charged with "aiding and abetting..." but it's hard to judge why charges were not laid based only on media reports which are often absent important details.

Lazy is such an ugly word, I prefer to call it selective participation

BlinkyBill

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#2619809 11-Dec-2020 07:48

scuwp:

Not sure where everyone is getting the "in charge" from. This isn't America. The legislation around drink driving all refers to "driving" or "attempting to drive". The father clearly was neither. He could and arguably should have been charged with "aiding and abetting..." but it's hard to judge why charges were not laid based only on media reports which are often absent important details.

Legally, you can’t “aid and abet” a 9-year old.

Rikkitic

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#2619831 11-Dec-2020 08:12

What if you instruct a nine year-old to commit a crime, Fagin-style? Did not the father in this case tell his son to break the law by driving the car? Did he not provide the means to do so? If someone trains a monkey to pick pockets, is that person not criminally responsible?

Plesse igmore amd axxept applogies in adbance fir anu typos

BlinkyBill

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#2619833 11-Dec-2020 08:20

“Aiding and abetting” is where Person A decides to commit a crime, and commits it, and Person B assists Person A either directly or indirectly. If Person A is under 10 years of age, they are not criminally liable for their actions and therefore Person B can’t be charged with “aiding and abetting”.

However, Person B, in this circumstance could be charged with something like Criminal Negligence or something else since they are not wilfully preventing Person A from committing a crime. What they are charged with depends on their actions relative to the crime. But not “aiding and abetting”.

Varkk

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#2619834 11-Dec-2020 08:22

scuwp:

Not sure where everyone is getting the "in charge" from. This isn't America. The legislation around drink driving all refers to "driving" or "attempting to drive". The father clearly was neither. He could and arguably should have been charged with "aiding and abetting..." but it's hard to judge why charges were not laid based only on media reports which are often absent important details.

I think if someone is deemed to be in a supervisory role and are drunk they are considered to be driving in terms of the law. The classic example is someone sober on their learner's license driving with a fully licensed but drunk person in the passenger seat.

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