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Bobjork 28th May 2009 17:46

Driver
 
27/2 2007 two Volvo 9700 collided in Rasbo between Öregrund and Uppsala. 6 persons were killed in the accident
The driver on the bus from Uppsala was convicted to suspended sentence in the district court (Tingsrätten) for negligence in traffic, negligent homicide and negligent injury.
Swedish Accident Investigation Board's report of the accident found numerous deficiencies on the buses, among other things water in the braking system and 19 belts were broken.
The female driver, appealed to the Court of Appeal (Hovrätten) where she yesterday was acquitted entirely, based on the accident report.

Accident report
Six dead in Uppsala bus crash

Note: I've used a translator to translate "vårdslöshet i trafik" "vållande till annans död" samt "vållande till kroppskada. Could be involuntary manslaughter, causing bodily harm, and reckless driving? Or is that american law?

PS. Why is the subject "Driver"?

G-CPTN 28th May 2009 18:06

In the UK (well, at least England - Scottish Law is different, believe it or not - and I don't know whether they have laws in Wales ;-) there is just careless (or 'driving without due care and attention') - which cannot have any subsequent deaths taken into consideration - and dangerous - which can also be 'causing death by dangerous driving' (if relevant).

Any prosecution for 'careless' driving carries lower penalties (and a lesser 'burden of proof') - and, if death resulted because of any careless action no mention is made during the court case.

'Dangerous' driving prosecutions carry heavier penalties (and are usually heard in a higher court - with barristers rather than 'mere' solicitors) and therefore the 'burden of proof' is higher (and any death or serious injury will be part of the evidence I believe). If 'dangerous' is not proven (ie the defendant is found not guilty) there may be a conviction for the lesser charge of 'careless' driving - though there may just be a complete discharge.
I'm not an expert (ie I've never been involved in any cases) so I might have it wrong.

I believe that 'excessive' speed can provoke a charge of dangerous (without any collision) and may 'upgrade' a charge from careless to dangerous.

http://www.driving-law.co.uk/offence...ss_driving.asp

http://www.cps.gov.uk/legal/s_to_u/s...erous_driving/

Bobjork 28th May 2009 20:43

By the way, the buses were Volvo B12M 6x2 9700S with chassis number 105924 and 105925.

G-CPTN 28th May 2009 21:01

Quote:

A barrister is a lawyer found in many common law jurisdictions that employ a split profession (as opposed to a fused profession) in relation to legal representation. In split professions, the other types of lawyers are mainly solicitors. Solicitors have more direct contact with the clients, whereas barristers often only become involved in a case once advocacy before a court is needed by the client. Barristers are also engaged by solicitors to provide specialist advice on points of law. Barristers are rarely instructed by clients directly (although this occurs frequently in tax matters). Instead, the client's solicitors will instruct a barrister on behalf of the client when appropriate.

The historical difference between the two professions—and the only essential difference in England and Wales today—is that a solicitor is an attorney, which means they can act in the place of their client for legal purposes (as in signing contracts), and may conduct litigation by making applications to the court, writing letters in litigation to the client's opponent and so on. A barrister is not an attorney and is usually forbidden, either by law or professional rules or both, from "conducting" litigation. This means that while the barrister speaks on the client's behalf in court, the barrister does so when instructed by a solicitor. This difference in function explains many of the practical differences between the two professions.
More at:- http://en.wikipedia.org/wiki/Barrist...and_solicitors


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