Top lawyer comments on motorcycle on footpath incident: Not attempted murder but assault

[webfact]

Top lawyer comments on motorcycle on footpath incident: Not attempted murder but assault

 

 

Daily News went to a top lawyer in the wake of a much discussed incident where a CCTV camera caught a motorcyclist apparently deliberately knocking down a pedestrian who had warned him moments earlier about riding on the sidewalk. 

 

Netizens commented in their hundreds of thousands slamming the government for failing to tackle the problem in countless failed initiatives. Others called for charges of attempted murder to be leveled at the motorcyclist. 

 

Well known lawyer Worayuth Bunwongsai said that several factors needed to be considered before an attempted murder charge would stick. These would include intent, conduct, environmental conditions, the area and the vehicle type. 

 

In his opinion a vehicle like a ten wheel truck or a car deliberately hitting a pedestrian could be attempted murder. Even a "big bike" with the potential for high velocity could fall into that category.

 

But in relation to the current case that involved a small bike, in his opinion the lawyer suggested that it was an intent to assault not attempted murder. 

 

Source: Daily News

 

 

-- © Copyright Thai Visa News 2019-02-15

[fruitman]

Make him an example for the others....confiscate the scooter and put him in jail for a year.

[ocddave]

If I kick the motorcyclist over while he is trying to hit me, then walked over and punched his lights out while throwing his keys down the nearest storm drain, would that be considered assault or self-defense?

[stanleycoin]

Just now, ocddave said:

If I kick the motorcyclist over while he is trying to hit me, then walked over and punched his lights out while throwing his keys down the nearest storm drain, would that be considered assault or self-defense?

I would call it,  street entertainment.  

[Eligius]

What a joke - consulting a Thai lawyer (and this one was clearly a genius, judging by his astute comments).

I have on occasion said to Thai law students: 'Don't you think it's rather strange and pointless -  studying Law when Thailand is a completely lawless land?'

They never see my point. They are so brainwashed, they really believe that Thailand abides by law.

If only ...

[neeray]

I have to agree with this lawyer (must be western educated).

Netizens and Thaivisa members do tend to be a little over-the-top sometimes.

I hardly see this as attempted murder.

And as for other threads where there is talk of "crushing" the street racer's bikes, I realize TIT but that would hardly be a legal recourse.

[overherebc]

1 hour ago, ocddave said:

If I kick the motorcyclist over while he is trying to hit me, then walked over and punched his lights out while throwing his keys down the nearest storm drain, would that be considered assault or self-defense?

Pee on him afterwards and raise it to aggravated assault???

[hotchilli]

I watched this video on TV, what got me was the witness sitting at the base of the tree didn't even move when the guy got knocked over !

He just carried on looking up the road, Either Thais have become desensitised to this behaviour or just couldn't give a damn !

[RotBenz8888]

32 minutes ago, hotchilli said:

I watched this video on TV, what got me was the witness sitting at the base of the tree didn't even move when the guy got knocked over !

He just carried on looking up the road, Either Thais have become desensitised to this behaviour or just couldn't give a damn !

Same root cause as the accident itself, care about yourself, not others 

Edited February 15, 2019 by RotBenz8888

[shady86]

Instant 5000baht fine on the spot or confiscating their bikes would work if enforcement is done. 

[Bill Miller]

3 hours ago, overherebc said:

Pee on him afterwards and raise it to aggravated assault???

Nah, just trying to wake him up. ????

[Bournville]

Top Thailand lawyer thinks this is not attempted murder? Rubbish. The motorbike weight.. Plus 2 people..plus the speed of travel could easily have killed someone on that pavement! 

[overherebc]

48 minutes ago, Bournville said:

Top Thailand lawyer thinks this is not attempted murder? Rubbish. The motorbike weight.. Plus 2 people..plus the speed of travel could easily have killed someone on that pavement! 

1 year inside, crush the bike into a cube and chain it to him so he has to carry it everywhere..

[ReMarKable]

7 hours ago, Eligius said:

What a joke - consulting a Thai lawyer (and this one was clearly a genius, judging by his astute comments).

I have on occasion said to Thai law students: 'Don't you think it's rather strange and pointless -  studying Law when Thailand is a completely lawless land?'

They never see my point. They are so brainwashed, they really believe that Thailand abides by law.

If only ...

You still work here?

[NoshowJones]

9 hours ago, fruitman said:

Make him an example for the others....confiscate the scooter and put him in jail for a year.

Only a year??

[ttrd]

12 hours ago, ocddave said:

If I kick the motorcyclist over while he is trying to hit me, then walked over and punched his lights out while throwing his keys down the nearest storm drain, would that be considered assault or self-defense?

Attemted murder with a bully twist ...

Edited February 15, 2019 by ttrd

[Redline]

13 hours ago, ocddave said:

If I kick the motorcyclist over while he is trying to hit me, then walked over and punched his lights out while throwing his keys down the nearest storm drain, would that be considered assault or self-defense?

I’m always afraid that’s what I’m going to do ????

[Badger72]

Tend to agree with lawyer to the dismay of some on here, it just looks like anger and fortunately the moped wasn’t able to cause a fatality.

It’s like punching someone yes you can kill them and likely to be prosecuted for that, but murder is with the intent to kill, sometimes it’s the intent to hurt and there’s the difference.

[MaxYakov]

The pedestrian should have gotten out of the way of the motorbike. Instead, he just stood there apparently willing to get hit. I'm not justifying the motorcyclists action - it was definitely assault. Attempted murder would have required some kind of "big bike".

 

From "motorbike-infested Thailand" that tallies around 45 motorcyclist road kills/day, what does one expect?

[IAMHERE]

Now wait up a minute; this lawyer probably doesn't realize how many die everyday from these motorbikes. Doesn't need to use a ten wheeler to get the job done.

[djayz]

2 hours ago, MaxYakov said:

The pedestrian should have gotten out of the way of the motorbike. Instead, he just stood there

Are you nuts?! The pedestrian had every right to stand on the footpath. It's the <deleted>' motorcyclist who is in the wrong here. Firstly, he shouldn't have been riding his bike on the path in first place, then, after having been told off he turned around with the sole intention of showing the pedestrian who's boss. He rode right into him with the intent of harming him! 

The pedestrian deserves two medals. One for pointing out to the young lad that footpaths aren't for motorbikes and a second for not bowing to the bully. 

 

Edited February 16, 2019 by djayz

[Snow Leopard]

It is not attempted murder legally. Obviously, the CCTV shows intent to harm. So assault with a deadly weapon might be possible but i doubt it, A big fine needed anyway.

 

Either way, he should be charged, this should then allow the victim to open up a private lawsuit for hospital bills, injury, and expenses. Seize the bike until he pays up and/or crush it. 

 

BTW Cyclists all over the world are a pain in the behind for doing this. They also think they can ride on footpaths with impunity. Fine them and crush their bikes. 

[Aussieroaming]

Most Thais have ridden scooters either the wrong way on streets, on footpaths and or illegaĺy without helmets on at some point. Therefore they are all partially responsible for this rider's behaviour. This is an endemic isssue that the police and government refuse to address, except for token roadblocks when the police need monthly statistics or money for celebrations.

[neeray]

47 minutes ago, djayz said:

Are you nuts?! The pedestrian had every right to stand on the footpath. It's the <deleted>' motorcyclist who is in the wrong here. Firstly, he shouldn't have been riding his bike on the path in first place, then, after having been told off he turned around with the sole intention of showing the pedestrian who's boss. He rode right into him with the intent of harming him! 

The pedestrian deserves two medals. One for pointing out to the young lad that footpaths aren't for motorbikes and a second for not bowing to the bully. 

 

Ditto.

Totally ditto !

[ocddave]

4 hours ago, MaxYakov said:

The pedestrian should have gotten out of the way of the motorbike. Instead, he just stood there apparently willing to get hit. I'm not justifying the motorcyclists action - it was definitely assault. Attempted murder would have required some kind of "big bike".

 

From "motorbike-infested Thailand" that tallies around 45 motorcyclist road kills/day, what does one expect?

The pedestrian should have swung his arm out and hooked the rider by his neck and drag him off the bike and then proceeded to beat him to death.

[mikebell]

If they consulted the average somchai he would have come up with the same conclusion as the top lawyer.  What amazes me is the police haven't!

[essox essox]

On 2/15/2019 at 9:24 AM, ocddave said:

If I kick the motorcyclist over while he is trying to hit me, then walked over and punched his lights out while throwing his keys down the nearest storm drain, would that be considered assault or self-defense?

where are WE ????!!! and are you a farang?

Edited February 16, 2019 by essox essox
after thought

[MaxYakov]

3 hours ago, djayz said:

Are you nuts?! The pedestrian had every right to stand on the footpath. It's the <deleted>' motorcyclist who is in the wrong here. Firstly, he shouldn't have been riding his bike on the path in first place, then, after having been told off he turned around with the sole intention of showing the pedestrian who's boss. He rode right into him with the intent of harming him! 

The pedestrian deserves two medals. One for pointing out to the young lad that footpaths aren't for motorbikes and a second for not bowing to the bully. 

 

Am probably nuts by now, but are you willing to go stand in front of (or anywhere near) a motorbike that has decided to use the sidewalk?

 

I did not justify the motorbike's using the sidewalk, but you edited my post and took that sentence out of context making seem I had. The next time you decide to edit someone's post in a reply it's a good idea to indicate that action in your reply or in the quoted portion.

 

Here's my entire post unedited:

 

"The pedestrian should have gotten out of the way of the motorbike. Instead, he just stood there apparently willing to get hit. I'm not justifying the motorcyclists action - it was definitely assault. Attempted murder would have required some kind of "big bike".

 

From "motorbike-infested Thailand" that tallies around 45 motorcyclist road kills/day, what does one expect?"

[dick dasterdly]

4 hours ago, IAMHERE said:

Now wait up a minute; this lawyer probably doesn't realize how many die everyday from these motorbikes. Doesn't need to use a ten wheeler to get the job done.

Now wait up a minute; it's the 'bike riders that die, not a multitude of pedestrians.

[dick dasterdly]

36 minutes ago, MaxYakov said:

Am probably nuts by now, but are you willing to go stand in front of (or anywhere near) a motorbike that has decided to use the sidewalk?

 

I did not justify the motorbike's using the sidewalk, but you edited my post and took that sentence out of context making seem I had. The next time you decide to edit someone's post in a reply it's a good idea to indicate that action in your reply or in the quoted portion.

 

Here's my entire post unedited:

 

"The pedestrian should have gotten out of the way of the motorbike. Instead, he just stood there apparently willing to get hit. I'm not justifying the motorcyclists action - it was definitely assault. Attempted murder would have required some kind of "big bike".

 

From "motorbike-infested Thailand" that tallies around 45 motorcyclist road kills/day, what does one expect?"

"I did not justify the motorbike's using the sidewalk, but you edited my post and took that sentence out of context making seem I had. The next time you decide to edit someone's post in a reply it's a good idea to indicate that action in your reply or in the quoted portion."

 

Agree entirely with this part of your post.

 

djayz deliberately only quoted part of your post, which meant the part of your post he quoted was taken out of context.

 

Personally, I'd report the poster for so deliberately changing the context of your post.