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| Hackney Driver Fined For Passenger Death http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=8092 |
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| Author: | Cybro [ Sat Mar 01, 2008 6:31 am ] |
| Post subject: | Hackney Driver Fined For Passenger Death |
29 Feb 2008 Death incident taxi driver fined A TAXI driver has been convicted of dangerous driving involving an incident in which a passenger jumped from his cab and died. Avtar Mander was originally charged with causing death by dangerous driving but that charge was dismissed by a judge before it came to trial. However today (Friday) he stood trial at Luton Crown Court on the charge of dangerous driving before a jury who were never told the full tragic consequences of the night's events. Judge Stanley Spence said Mander was not responsible for the death of 20-year-old Oliver Livings, from Vicarage Close, Langford, but said: "As a taxi driver there is a higher duty of care to your passengers which you ignored." Mander, 40, of Newlands, Letchworth GC, who had been a taxi driver for 14 years, was fined £500 and banned from driving for a year. He must also pay £2,500 costs. Prosecutor Maurice Aston told the jury that in the early hours of August 5, 2006 five young men hired a cab after a night out in Hitchin to take them home to Langford. They negotiated a price of £30 with Mander. He stopped at a social club in Church Street, Langford, where they wanted to be dropped off, but after three got out he had the impression he was not going to be paid and decided to drive the remaining two to Biggleswade police station. The seven-seater taxi had sliding doors and he drove off with the door in the open locked position. He called police en route and the tape of the call was played to the jury. Mr Livings could be heard remonstrating with the driver. The other remaining passenger, Elliott Owen, said he had not been aware of any intention not to pay the fare, although he had no money on him at the time. "Oliver was telling the driver to calm down and that we would give him his money but then he jumped from the taxi. The taxi went faster. My initial reaction was shock. The driver did not say anything." But he said the driver did calm down and pulled up a little further on when the door was closed. Mander claimed he was acting under duress. Geoffrey Birch, defending, said: "He was faced with an unexpected situation and in the heat of the moment made the decision to drive to the police station. He was putting the matter in the hands of the law and doing the right thing. However things then went very wrong. "He either drove without checking the door was secure or without giving any thought to that matter. Source: Herts 24 ---------- Disclaimer These press articles are intended for informational purposes only. Statements and opinions expressed in these articles are solely those of the original Publisher. I cannot guarantee the accuracy of any of these articles, and therefore I am not liable for any information contained therein. Where possible, the Publisher and the source are documented within each article. Any author that holds legal copyright, and objects to their material being posted, may request that it be removed and any future material excluded. |
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| Author: | JD [ Sat Mar 01, 2008 7:13 am ] |
| Post subject: | Re: Hackney Driver Fined For Passenger Death |
Cybro wrote: The other remaining passenger, Elliott Owen, said he had not been aware of any intention not to pay the fare, although he had no money on him at the time.
I wonder who did have money? When you jump out of a vehicle travelling at speed you're inclined to get hurt. Another example of get your money up front for long jobs. Regards JD |
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| Author: | cabby john [ Sat Mar 01, 2008 2:12 pm ] |
| Post subject: | |
So what would have happened if the door had been closed, and the passenger then opened the door from the outside of the window. I have had this situation, and the guy then jumped, in my case he was alright. The "Beak" is in effect saying that once they open the door OR the door is opened, we are not acting in the interest of the passenger and we have to let them go 
Is it not about time that people started taking responsibility for their own actions? No back up for the trade as ever. |
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| Author: | Sussex [ Wed May 14, 2008 8:11 pm ] |
| Post subject: | |
The mush has lost his appeal. http://www.biggleswadetoday.co.uk/bigg/ ... 4078089.jp |
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| Author: | cabby john [ Thu May 15, 2008 12:20 pm ] |
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Are they saying that it is an over reaction to take someone to the police if they are not going to pay. This is not a child who has fallen from the car, it is an adult who jumped of his own free will. Soo! if a police officer or a Security warder is transfering a prisoner and the prisoner jumps out of the vehicle and kills themself - are they liable to prosecution. |
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| Author: | Sussex [ Thu May 15, 2008 7:11 pm ] |
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cabby john wrote: Are they saying that it is an over reaction to take someone to the police if they are not going to pay.
Not really, but I am saying that for this incident to get to the Court of Appeal, we don't know the half of it. 
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| Author: | JD [ Mon Oct 06, 2008 2:38 am ] |
| Post subject: | |
The process was simple, the court considered that the judgement rested on two arms of the law, the first was whether there were extenuating circumstsnces to allow a reduction in sentence, the second was whether having found special circumstances the court should exercise its discretion. The high court was of the opinion that the judge was best placed to decide whether discretion should be exercised and not them? Regards JD |
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