Jaguar driver jailed for car park rage incident

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Surely, he should have been sentenced on the harm done (for that is where the law can assess the harm) and make the appropriate restitution. I am less happy that the law is being applied on the basis concerning what might have ensued following Takle's poor driving.

He was irritated and drove off without thinking. The judge states that Takle's previous record has no relevance so the 6 months seems harsh. A fine would have been more in line with a momentary loss of temper. Sentences are supposed to be proportional to the offence and on part of that spectrum, the defendant was at the end of his rope... somewhere we have all been.

I don't want to excuse his driving but in another time and place he would have been hung if we follow the logic. Contrition, some form of compensation payment (£100 for hurt feelings?) and a fine of some hundred or so quid. He would have been chastened and disinclined to drive in temper again.

His family (wife and children) are also being punished for his misconduct and that is unjust. Daddy's in jail and mum has to cope. He won't be allowed to drive for 15 months so possibly loses his job and if he was the principal breadwinner, it is going to be very harsh for his family. They may lose their home and the marriage may suffer. The kids were certainly not responsible for the father's guilt on this occasion yet they must now suffer for his thoughtless actions.

Pre-meditated crime deserves a punitive measure in line with the plotting of some deliberately evil offence and all right-minded souls would agree. Accidentally breaking the law (as seems to be the case in this example) does not appear to support the apportioning of criminal liability. All crimes require a guilty mind (mens rea) and a criminal act (actus reus) so that the offence is complete; thus appropriately underpinning the defendant's criminal liability. It is doubtful (on the facts of the case as it was presented) that Takle thought that he should commit a criminal offence at any point during the interaction with the parking attendant... accordingly, I believe he was jailed wrongly. I do believe he behaved egregiously but he was probably not minded to commit a crime, albeit he may have been incandescent with anger.

No doubt, a legal eagle will be along shortly to correct my viewpoint. :D

While I thought that it looked as though Takle deliberately drove at the parking attendant , and therefore merited the punitive sentence , it does seem at odds with the sentence handed down to the 'gentleman' below , who was also in the news very recently .

apologies for the source

YouTube justice: Driver John Nicholls caught after road-rage attack posted online | Mail Online
 
Well the difference is in that it case it was a cyclist that was assaulted and cyclists are pretty much fair game.
 
Well the difference is in that it case it was a cyclist that was assaulted and cyclists are pretty much fair game.

The percentange of tosser cyclists is probably the same as motorcyclists and car drivers.
 
The percentange of tosser cyclists is probably the same as motorcyclists and car drivers.
oh no, its much higher, no one has ever conclusively proved its less than 100%
 
While I thought that it looked as though Takle deliberately drove at the parking attendant , and therefore merited the punitive sentence , it does seem at odds with the sentence handed down to the 'gentleman' below , who was also in the news very recently .

Agreed.

My issue with all this is that a civil 'wrong' e.g. parking in the wrong car parking space (undoubtedly not a crime in these particular circumstances... under the current penal code) albeit thoughtless and portraying the Jaguar driver as a bit of a numpty, should escalate to a jail sentence for a family man. I have to challenge the notion that he went to the car par with the intent of committing a crime because it is rather unlikely.

On its face, the driver's misconduct amounted to little more than a shrugging off of the officious person trying to charge him as if he was a criminal... sadly, the car can be an effective weapon and he should have considered that.

Against that, the event should have been a simple discussion with the parking attendant pointing out why his parking was poor in this single instance... in the hope that a reasonable presentation of the local 'rules' of the car park supervisors would have encouraged that driver to be mindful of them on all future parking occasions at that car park.

Do I think that the Jag driver reacted badly? Yes.
Do I think issuing a ticket was excessive? Yes.
Can uniformed officials in car parks behave in a manner that is excessively officious? Frequently.
Does any of the interaction between two people who fail to appreciate the subtleties of human interaction merit a jail sentence? I don't think so.

It saddens me to see everything reduced to black and white, in our excessively supervised lives. Something coloured grey would be a welcome addition to this bitter and twisted landscape containing a single bit.
 
On its face, the driver's misconduct amounted to little more than a shrugging off of the officious person trying to charge him as if he was a criminal... sadly, the car can be an effective weapon and he should have considered that.

.

I bet he is now.. ;)
 
to be sure...

it's the schadenfreude I don't understand. :dk:

The man is obviously an aggressive bully who thinks he can do what he likes and bully anyone who tries to stop him.
He's got his comeuppance.
 
The man is obviously an aggressive bully who thinks he can do what he likes and bully anyone who tries to stop him.
He's got his comeuppance.

..I think the point wasn't that aggressive bullies shouldn't go to prison, but rather that aggressive bullies do not usually go to prison... yet this one did.

I still think the punishment was harsh compared to other punishments for similar - and more serious - offences.
 
..I think the point wasn't that aggressive bullies shouldn't go to prison, but rather that aggressive bullies do not usually go to prison... yet this one did.

I still think the punishment was harsh compared to other punishments for similar - and more serious - offences.

Is trying to run someone over with a car not serious then?
 
Like with all private car parking tickets he should have ripped it up in front of them and ignored it seeing as their not worth the paper their written on, while I agree that traffic wardens definatly deserve some heckling and general insults to make them consider a career change trying to run them over is a bit much!!.
 
Was his attempt to drive out the space merely driving off in anger, or was the manouver designed to maim the warden.

If so, 6 months ain't long enough. If there is proven intent, it should be punished the same as if the crime was successful.

Thats my view, nothing will change it. If you try and kill someone, you are just as bad as someone who succesfully kills someone.

BTW, I'd have ripped up the ticket as it was a supermarket and told the warden to shove it where the sun don't shine, there is nowt you can do as its private car park....
 

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