The driver in the Wimbledon school accident won't be charged?

[RiverF]

https://www.bbc.co.uk/news/articles/cw4448xx4keo

It sounds like a unavoidable and unforeseeable medical incident led to the tragedy, but the families wanted justice.

I can't begin to imagine their pain, but this is the right decision?

They should ban these massive land rover type truck vehicles in populated areas. But that's a whole other debate.

I know SW London well (sibling lives there). I'd disagree with your description. I'd say the majority of vehicles are business-related between 8 and 5. Loads of vans relating to home improvements and deliveries.
Whilst this lady driving a mini may have lessened the tragedy in this case, so would robust concrete edging to the perimeter of the property - and that would have prevented the tragedy no matter the vehicle.

It's very interesting how it seems to be the general consensus that the driver shouldn't be prosecuted.

And yet, in another case where three people were stabbed to death by a mentally ill man (I forget the town in the UK. But it was a young couple and an older man) the prosecution took that case to court. Even when the verdict was given, many struggled to believe that there was no culpability. Even if it was obvious from the start that the man was mentally ill.

When I look at bith these cases, there seems to be a notion that prosecutions are based on how well heeled and respectable the defendants are? Which isn't right.

The only thing the driver is responsible for is driving a ridiculously large car capable of causing such damage. But unfortunately those cars are legal and it’s quite likely the families of the victims drive similar.

There are different forms of epilepsy.. my mother was able to drive with medical.rwviews every three years. Never had a seizure at the wheel. Please understand epilepsy is a huge and broad description of symptoms having very different impacts on people.

As I understand this was a first seizure, so really as medical events go as predictable as a stroke or heart situation at the wheel.

Such an awful thing ro have happened, but making massive generalisations about the abilities of people with epilepsy isn't going to reduce a risk.

Well, she can have an actual life sentence behind bars as well. Two children DIED. A mother of one of those children suffered life changing injuries. Surely, someone has to be accountable.

I would question those medical reports as well. Looks like people have been paid to say what is convenient to let that woman off.

I said brain scans as an all-encompassing term – I was assuming the evidence of a seizure would be present on a CT or MRI scan immediately after the event? Either way, I do know from a legal perspective that the CPS/police would want her comprehensively diagnosed by independent medical experts before deciding whether to press charges given the sensitive and high profile nature of the case. They wouldn't just take her word that she'd had a seizure.

Presumably they have the evidence of the people who saw her at the time, there may also be evidence of damage in brain scans, and she may have had seizures subsequently.

The police would have had their own independent medical expert examine her precisely to avoid conspiracy allegations of false statements and doctors being paid off. They wouldn't just take her team's word for it!

I was assuming the evidence of a seizure would be present on a CT or MRI scan immediately after the event?

You are assuming incorrectly.

I guess with mental illness it's more of a spectrum of culpability. To what extent did they know their actions were wrong and illegal?

With a seizure, you either had it or you didn't.

People are quick to dismiss the parents as grieving and unreasonable but none of us really know. Epilepsy and seizures often do first occur in young adulthood, randomly. Then again, a defence is going to try and defend their client, and seek experts who support their claims.

It has been said in the news. This was her first seizure, she had no previous history of seizures or symptoms.

If she had not been driving a huge fuck off car those girls might have lived.

I don’t think this is a good comparison. The epileptic seizure would have meant she was not conscious or in any way in control and therefore cannot be held to have any responsibility. It’s quite clear cut.

Mental illness covers a huge spectrum and it’s not easy to establish levels of culpability within this

Most people in the criminal justice system will have backgrounds and circumstances that help to explain why they made the choices that led them to commit a crime. They are still in prison as despite their sad life stories they are held to have sufficient culpability.

But there cannot be culpability if the person was unconscious and could not have been expected to know they would fall unconscious.

Yes this case did remind me of the Nottingham case, those families have also struggled with the verdict. I believe they wanted him convicted of murder and to go to an ordinary prison? But of course he was very mentally ill,and mental health services being in a terrible state, he was out in the community a massive risk to the public. The verdict and sentence in that case were absolutely right.

What other medical events do you think should be criminal offences while driving? If your parent had a stroke while driving should they be sent to prison? If you husband has a heart attack should he be in prison for the rest of his life?

Yes, so many around, and just not necessary. They are, as people have said, safer for the those inside but really much less so for anyone outside the car. Should definitely be taxed higher.

I do wonder why there wasn't a better safety barrier / fence / wall between the school garden and the road.

How can someone take responsibility for something they couldn't possibly have foreseen or avoided?

Aside from the fact that there are indeed cases where people run over other intentionally, the simple fact is that, when drivers are held to be responsible for injuring others on the road, it is because they have done something negligent - driven too fast, while drunk, ignored a red light, ignored another signal, failed to take care when there are obvious hazards around, etc etc. The mere fact that someone has had an accident doesn't automatically mean that a driver who has done nothing wrong has to take responsibility.

I have had seizures before and lasted longer than 1 min. I remember how I felt, what I heard etc. Everyone’s experiences would vary, of course, but to say that she has no recollection at all is a very deliberate statement.

So sad for all involved. It was her first seizure so she hasn't done anything wrong. The right decision was made.

Good grief this is awful. I understand the parents being grief stricken and wanting someone to blame but some random on the attack?

what medical experience do you have to question the neurologists?

I was assuming, because I don't know how epilepsy is diagnosed. I have no experience of it. But I do have legal experience and I know the CPS and police wouldn't reach the decision not to charge her unless they were satisfied that she did have a seizure at the scene and that a diagnosis of epilepsy has since been confirmed by independent medical experts.

So perhaps she has. There is no duty on anyone to give all her personal medical details to reporters.

Why does someone have to be held accountable? Sometimes terrible things happen and it’s no one’s fault. The universe is not organized to be fair or just. That may be hard to accept but it’s true.
Punishing people for things they cannot justly be held accountable for, increases the unfairness rather than diminishes it.