QUOTE(cursetheroad01 @ Apr 15 2022, 11:25 PM)
It just shows the court was so fixated to the speed of travel and the visibility (or non visibility) of/from the lady's car.
Forgetting the fact that 8 kids died from the supposed "low speed" impact.
And the high court got it right.
That's the thing ... while I empathize with the parents, but isn't this a court of law based on facts? Not judge's 'opinion' based on some previous cases? Or even pressure from public?
If this is an ethic court, then I'll agree with you (for the lives lost, 6 years is nothing). But for this case, I can't.
Any reasonable doubt raised by the report that it's not 100% the driver's fault, then original charge should've been dropped (and rightly so, twice by the magistrate courts); if the prosecutor wanna rephrase the charge, then do go ahead if the intention is to raise awareness of defensive driving towards dangerous public road users,
Furthermore, this set a dangerous precedence for future cases.
Let's say, I do drive defensively every time on the road; then one night when there's no moon, a convoy of bikers with no lights (they just feel like doing it for the lulz and challenge), hit me head on even when I'm driving below speed limit (let's say it's not a straight road, not a highway; if brightly lighted straight highway, with my headlights on, then partially the blame might be on me for not be super careful enough or can think many steps ahead or having super reflex) ... few of the bikers passed away from the impact of our collision, partially from their own high speed bikes and partially from my car, what will be the judgement? If based on this SKT case, the presiding judge can find me guilty and fully sentenced me. So, in the future; any illegal road users that created dangerous situations for public (ironically, that's one of the high court judge reasoning, the priority of public importance and not individual), if they unfortunate died from accident with another law abiding road user (but doesn't have the experience or foresight of driving super carefully around the time of accident); the one who is not dead, causing death, is the guilty party.
Do you want this kind of judgement to be permanently recorded in our court of law?