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PostPosted: Sun Apr 19, 2009 11:41 
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Per this week's CW mag the Lord Cheige Justice is to rule on whether a 12 MONTH sentence served on a driver was too lenient.

Background:

{quote="CW"]
August 2007: 18 year old driver collided with a 55 year old cyclist - who died at the scene.

The 18 year old maintained a "not guilty plea" until shortly before his trial. He admitted to a charge of dangerous driving and that this had caused the cyclist's death.

The judge sentencing him in FEB 2009 (Lincoln Crown Court) rejected a suggestion that the driver was on his mobile phone at the time or immediately before the collision.

When the driver was sentenced to 12 months imprisonment - the relatives were shcoked and disappointed. Sentencing guidelines suggest 2-5 years[/quote]


(:yesyes: -they do - and why the other cases with the phones got 4 years each.

CW wrote:

The relatives asked this case to go to the Appeal court as this was "unduly lenient". The family's asserted that the driver had been sending and reading text messages. They said the judge should have considered this as this is a much more serious offence.

The driver was driving along a CLEAR >> STAIGHT >>>road in the early evening. The cyclist had TWO rear lights in working order .. switched on. The driver claimed he "never saw him" :banghead:



I am right in trying to get the COAST message and how to do it properly across. It does not matter if all here are COAST aware. Our lurks may not be, They may just learn something to prevent further tragedies such as this one.

But this next bit is pure CW journalese and really difficult to prove beyond doubt to a court of law who deal in black/white facts. The driver shares the same interests as countless others .. who would include our own kids and ourselves perhaps to a lesser degree. :popcorn: By this I mean ,, I have played these games with the Mad Cats and all our more adult kids on the wii thing.


It has not turned us into hooning morons (or twazaks in Wildy speak) out there. :popcorn:

Nor does it reflect on the offence as it appears to be "after the event" :popcorn:

Johnny - excuse my injection of Messrs :censored: and :banghead: in the next bit.

I will make a couple of comments as they occur to me.

CW wrote:

It is claimed that between his hearing and his sentencing hearing the driver became a fan of Jeremy Clarkson :? :? :? :? :censored: (WHAT THE??? :banghead:)
on his Facebook site where participants are challenged in a motorcar racing computer competition



I HOPE they do not force this one in the Appeal as it's not actually relevant to the actual offence and does prove "attitude". His crime was one of blatant stupidity as regards reading texts whilst driving. His arrogance or may "self protecting denial of doing something awful" lay in his adamant "not guilty stance" until his advisors advised him that he would do best to plead guilty as charged. :popcorn:

As regards the above quoted comment..

You could say we did this all the time as kids with our Scalextric sets., The Mad Cats even have the "Police Pursuit version" complete with speed cams and they even bought those ornaments showing Pc Evil with a hairdrier .. which they have placed "thoughtfully" around their playset :roll: But then they use their games to try to teach their kids that speed matters can have tragic outcome all the same. Quite an impressive "toy town" they have in their attic :wink:

I do not see this has much bearing on this case - the solicitors appear to be arguing that this Facebook account reflects his view of road safety. Perhaps But then you could argue the same for any of these games or film preferences. I still enjoy all the old "gangster movies" but this does not make me a "James Cagney type "hoodlum" :scratchchin:


I will grant his solicitors make a very fair point in the next paragraph and I hope they stressed this mostly in their Appeal against leniency. I agree he should have faced more

CW wrote:
The family's solicitors also pointed out that the driver changed his plea to guily just one week before the trial was due... and that giving him a "full one third credit for a guilty plea
was inappropriate


Sentencing guidelines say a discount is normally only given to defendants who indicated a "willingness to plead guily at the first reasonable opportunity"

This driver appears to have changed his plea after an independent expert he commissioned questioned his account of events

The victim's son told CW:

"As a family we have had 17 difficult months and we can't help but feel the sentence was unduly lenient. It is no deterrent to those out there who think they can drive safely whilst using a mobile phone."


The victim Leigh D was an experienced cyclist who cycled 200-300 miles per week. In 2006 he rode from John O Gorats to Lands End On the night he was killed - he was testing cycle lights prior to a 225 charity ride which he intended to do two days after his birthday, He was killed allegedly on his birthday :cry: :cry:



I wish the family success. Guy deserves the full 5 years really.

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Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.


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PostPosted: Thu May 14, 2009 20:31 
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The Lord Chief Justice ruled that the 12 month sentence was

Quote:

not too lenient


:censored: :banghead:


The court heard that this fool was sending text messages moments before this crash. He changed his plea just days before the case was heard (see the above from CW)

The deceased's famly appealed as they felt the sentence too lenient They feel let down by the inconsistencies in the judicial system. :( :( :(


As do we all serving police officers. Today saw police complaining about the "Hokey Pokey system" and do refer to my posts from 2004 to date as I have always commented in passing that we round up the same miscreants over and over.. only to see them raise the two fingered salute to us as they leave the courts .. having played the politically correct coin with a fine tuned finesse worthy of the "illusionary magician". To our trainee magistrates and the magistrates and other legal beagles posting to ths board - we know it's not your fault - but rather the constraints to which we are all bound to some degree. :censored: :banghead: :furious:

[size=85]I have a rant on this planned for the :soapbox" forum via this message board .. but later when I've had my dinner. :twisted:


Rght .. aside comments aside. The family praised the Lincs police who did all they could to provide the evidence against this idiot.. but blamed the CPS for not pursuing the more serious charges available to them given the proven text messages moments before this tragedy. (The labour peer was jailed for less than this as I recall :scratchchin: which rather underpins their accusation of "incompetence" on the part of the CPS in this instance perhaps??? Or am | reading them incorrectly? :scratchchin:)

This person knew how to play the system though. He changed his plea to avoid trial by jury who may have convicted accordingly based on the evidence presented to them. He was referred to Crown as the crime warranted longer than magistrates could impose.

My thoughts and sincerely meant condolences and best wishes for their "healing" (which means we can live with it . but never forget) .. are 100% with the bereaved. I am sure plenty will agree this cyclist received rough justice.

I will trust that this person will get his come-uppance eventually - but hope he takes only himself out and no others with him.

_________________
Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!


Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.


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