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  • If a cyclist is killed by a car, what is the maximum the driver can be charged with?

    As @S785 says, the most serious possible charge would be murder, but the problem for a prosecutor is proving mens rea in vehicular cases, whereas if you choose another weapon it's usually pretty obvious that you had to do something intentional (and probably criminal in its own right) in the lead up to the assault.

  • That said, in the cases where there is CCTV or other evidence that a driver deliberately uses a car as a weapon, I feel intention to seriously injure (due to the nature of the weapon) would be fairly well proven and the cps etc could apply a more aggressive approach. "Accident" or recklessness is not treated as an email excuse when you let your knife go into someone and I think a vehicle should be treated no differently.

    Even when drivers are merely being aggressive and then "accidentally" collide - their actions are at least an assault in law and hence a manslaughter charge could stick.

  • CPS never aggressively pursue anything unless they have an almost 100% chance of conviction. Even then they'll usually go for the easiest option or go for a lower sentence to get a conviction.

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