uart wrote:Wow I hope you're not a defense lawyer.
You have bundled together two alternative theories of culpable inattention and deliberate malice and chosen to disregard the very real possibilities that (1) the cyclist froze) or (2) that he was simply slow to react (it happens) or (3) that he assumed the girl would keep on walking instead of standing still waiting for him to hit her.
You remarked in an earlier post "that's also how I think it likely happened, Eldavo". What you think "likely happened" does not meet the required burden of proof for a criminal conviction.
I don't know why this accident happened but I lean towards (3) (above). You don't know either, regardless of what opinions you might hold, but, more importantly, neither does the judge, unless she had information that we haven't got (which brings me back to the question in my first post).