easy_rider911:

Sorry, I really disagree with some of the false distinctions being drawn here ...

An "offence" means exactly the same thing as a "crime" since an offence means a "criminal offence".

"Excessive speed" means any speed 'in excess of' (i.e. greater than) the limit. So if the limit is 50 km/h, then both 55 km/h and 155 km/h are "excessive".

Sure, the punishments can vary depending on the degree of how excessive the speed is but all speeds above the limit are excessive.

As for the degree of punishment fitting the degree of excessive speeding, IMO that is fine provided that everyone is treated equally before the law.

I find it shocking and frightening that the State could punish different people for the same criminal offence differently. So a richer person pays a much bigger fine than a poorer person? All in the name of making the punishment actually hurt the offender.

But the point of punishment is not just to deter future offences but it is, more importantly, to punish the current offence (which is a crime against society and its laws). Now the danger that a speeding driver creates at 250 km/h is the same no matter what the size of the wallet of that driver. So why should a richer person be punished more severely than a poorer person?

Personal circumstances such as old age preventing incarceration or a person's prior criminal record affecting sentencing are fine but not the size of a person's assets.

Again, individual freedom should not IMO be trumped by the crushing power of the State. The laws in our countries are not just pieces of legislation made by our Parliaments but they are also reflective of the different jurisprudential philosophies that our legal systems are based upon. Thank goodness I live in a Common Law legal jurisdiction.

(Just a side comment, people seldom mention this but countries like the USA, Canada, Australia, New Zealand etc have legal systems that are derived from the Anglo Saxon Common Law legal tradition created in England. English law is one of our biggest exports. Approximately, 50% of commercial contracts are governed by, and construed in accordance with, English law for a very good reason, namely that people trust our legal system will treat them fairly ... so all those disputes are heard before courts and/or arbitrators in England, which makes for an important source of revenue for the UK (for lawyers etc Smiley). NY law is the other major legal system that is used worldwide by parties globally for similar reasons).

I dont like the concept either. We dont use it in other cases like for example murder. Nobody then cares how rich you are - all treated the same infront of the law. So why with speeding fines, but not parking fines Smiley It is a simple way to raise cash for the state who needs it badly. The concept of the fine should "hurt" whether you are rich or poor is a weak argument too. The same as 10km/h is not deemed excessive but 50km/h. All arbitrary at the end...Sad that the law is now increasingly being written that judges have little room to use their judgement.

 

 


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Off enjoying my car...