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DIR Return to: Speeding and other criminal offences
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#Post#: 84399--------------------------------------------------
Re: Exceed a 40MPH by 21/06/25
DIR By: disgruntchelt
Date: August 6, 2025, 6:17 am
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--- Quote from: andy_foster link ---
>
> [quote author=disgruntchelt link=topic=7555.msg84308#msg84308
date=1754423819]
> Speeding is an absolute offence so there is nothing you can
say in mitigation that will help save for a life or death
emergency situation.
>
--- End Quote ---
Utter twaddle.
Speeding is a strict liability offence, not an absolute offence.
This simply means that there is no requirement for mens rea
(intent).
An absolute offence is one to which there is no defence - in
other words the otherwise over-arching defences of duress and
duress of circumstances do not apply. There are very few
absolute offences. Murder is probably the most common example.
The defences of duress and duress of circumstances apply when it
is necessary to otherwise break the law in order to avoid the
risk of death or serious injury to yourself or another - so a
life and death situation would generally not be mitigation, it
would be a defence - unless the offence is an absolute offence,
which speeding isn't.
That said, the "mitigation" put forward by most people is either
pointless or pointlessly introducing aggravating factors.
[/quote]
Thanks for the explanation , I got mixed up in my terms but this
is what I was trying to say
#Post#: 84430--------------------------------------------------
Re: Exceed a 40MPH by 21/06/25
DIR By: Freecall
Date: August 6, 2025, 9:40 am
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--- Quote from: andy_foster link ---
>
>
> That said, the "mitigation" put forward by most people is
either pointless or pointlessly introducing aggravating factors.
>
>
--- End Quote ---
How true... and well put.
#Post#: 84520--------------------------------------------------
Re: Exceed a 40MPH by 21/06/25
DIR By: sparx
Date: August 6, 2025, 7:26 pm
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--- Quote from: MMSuarez25 link ---
> I just thought that I could get away with it because dialysis
is a life saving treatment and that day I was very late because
I went to the beach. lol
>
--- End Quote ---
That is entirely on you. Think yourself lucky, and next time,
plan enough time to get to your dialysis appointments on time...
Those appointments cost money, and missing it could cost you a
lot more than money.
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