RobinXe wrote:
dcbwhaley wrote:
Yes. But we are not discussing the compensation paid to the victim not the punishment meted out to the perpetrator. Punishment is determined by the intent; compensation by the outcome. The compensation is not part of the punishment
Exactly! Now you're starting to understand. The punishment is meted out for the "criminality" of any offence, but that offence ends with it's commission, regardless of the aftermath. In the case of compensation
all the factors that contributed to this aftermath can be assessed, and if the injured party did not take all reasonable steps to protect themselves then the sum of damages can be adjusted accordingly.
Come on, tell me you see this!
I have never failed to understand and of course I see the distinction between criminal and civil law. I can also tell the difference between a mouse and an elephant. So stop criticising me for things I never said.
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The ambulance-chasers have conditioned the greedy and weak-minded to believe that someone else being at fault absolves them of any responsibility to look out for themselves. Its like someone slipping on an ice rink and then suing the owners because there was not the H&S mandated sign warning of a slippery surface.
There is a huge gulf between slipping on the obviously slippery surface of an ice rink and being knocked off a bicycle by a criminally impatient speeding motorcyclist. The first is entirely predictable. The second is a rare event. Not so rare as a machete wielding maniac but sufficiently uncommon not to require the taking of elaborate precautions. You are confounding these criminal events with the far larger numbers of simple accidents which result in cyclists injuring their heads and concluding that because a considerable number of of cyclists injure their heads then a helmet-less cyclist who's injury is occasioned by a criminal is in some way culpable.
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People need to take some responsibility for the things they can influence, rather than allowing life to happen to them, and then suing.
(Only when those things are likely to happen and easy to influence. I am not going to donate my entire savings to Space Gaurd to help reduce the danger of the Earth being hit by an asteroid. The risk is too small and the influence of a few thousand pound to small.