Seven Spades
Well-Known Member
Where did you get this from it is not on the BBC?
Carefull as yer go lads, an innocent stupid mistake ????
- Thread starter sailorman
- Start date
Where did you get this from it is not on the BBC?
geoid96
Well-Known Member
Last edited:
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The mistake was made during installation and I agree that, for this, no charge should be brought.
But the owner had since been hospitalised as a result of this mistake so knew without doubt of the risk which he consciously chose to continue to expose his family to. It is for this that the prosecution is being brought.
But the owner had since been hospitalised as a result of this mistake so knew without doubt of the risk which he consciously chose to continue to expose his family to. It is for this that the prosecution is being brought.
JumbleDuck
Well-Known Member
Why? The dangers of CO are well known, and every generator I ave seen is plastered with warnings. Should someone who does some incompetent mains wiring resulting in deaths be immune from prosecution, or only if they kill members of their own family?
Seven Spades
Well-Known Member
Are you saying that he was hospitalised for CO poisoning before the tragic accident?
Lakesailor
Well-Known Member
That had me baffled as well.
Daedelus
Well-Known Member
I feel every sympathy for the bloke concerned, but if the generator had been fitted by a third party then we wouldn't see the line of "it must be terrible for him, look at what he's lost" argument, and although it is awful the actual legality or blameworthiness doesn't change just becus it is his family who were affected.
JumbleDuck
Well-Known Member
And of course it is not just he who lost relatives. So did his partner's family, and her daughter's father and his family.
KellysEye
Well-Known Member
It's not surprising he has been charged a skipper has a legal duty of care to his crew including safety, if he had had a CO alarm it wouldn't have happened.
dom
Well-Known Member
Would you seriously trust a system of justice where judicial power could be applied so capriciously?
awol
Well-Known Member
He did have an alarm but it wasn't connected to a power supply.
fireball
Well-Known Member
It may have been an innocent and stupid mistake by the skipper. But that doesn't mean he shouldn't face trial.
Soft solder joints on an exhaust system? Did he even think to check what temperature the exhaust gets to?
CO may not smell, but exhaust fumes do. Also, what's the point of the CO detector if it's not working.
It's cases like this that trigger the tightening of regulations so that sensible people are not legally entitled to do perfectly straight forward jobs (gas and electric installations at home).
The chap can stand trial and the magistrate/jury can decide if he is guilty of more than just a mistake.
Soft solder joints on an exhaust system? Did he even think to check what temperature the exhaust gets to?
CO may not smell, but exhaust fumes do. Also, what's the point of the CO detector if it's not working.
It's cases like this that trigger the tightening of regulations so that sensible people are not legally entitled to do perfectly straight forward jobs (gas and electric installations at home).
The chap can stand trial and the magistrate/jury can decide if he is guilty of more than just a mistake.
IJL
Well-Known Member
If people die through your negligence then there should be legal action. I can't see that it matters who has died. The alternative is untenable, you couldn't have a legal system that allowed people to work on equipment that could cause death and injury and then ignore the consequences. That is why many of us on here will happily to a bit of electrical work at home. But wouldn't think of fiddling with the boiler. The consequences are different. That a generator will produce CO is entirely forseeable
onesea
Well-Known Member
Yes all very good, but whats the point of punishing some one who knows they have done wrong and is not likely to do it again? What good is going to come of it? A deterrent to stop others doing the same? Or just punishment for punishments sake?
Unless there is evidence that he planned for it to happen, what is the point? Looks from the report like the the guy had tried to do a good job of maintaining his boat, I wish my engine room was that clean!
Sorry I think your electrical argument is nonsense plenty of people get hurt by others dodgy wiring.
Where does it all stop?
The money spent putting this guy in court punishing him, for something he is unlikely to do again could be better spent on educating people to stop it happening again...
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Yes, I was. Having re-read the article I realise I was wrong. Sorry, please ignore
Rigger Mortice
N/A
Alternatively, it's a case of justice being seen to be done and it serves to remind others that there can be consequences to stupidity.
A1Sailor
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Which is why the charge is manslaughter and not murder.
Lakesailor
Well-Known Member
Precisely. If someone had done this bodge and charged for the work then criminal proceedings would be very much in order.
It's the weight of the legal system ticking boxes to no good effect.
Rigger Mortice
N/A
Perhaps the CPS looked a bit further and decided that what could have been a silly mistake was a bit more than that
Maybe the excuse of ignorance just doesn't wash?
Maybe the excuse of ignorance just doesn't wash?
onesea
Well-Known Member
The problem is calling some one stupid or showing some one they are stupid does not change anything, educating people is how you stop stupidity.
The only thing I wonder that you might be able to answer is does the lake fall under the BSS? or are there local bye laws regarding the boats inspections/ maintenance etc?