dcbwhaley wrote:
Ernest Marsh wrote:
Quote:
Hampshire, of Eckington, near Sheffield admitted causing her death by careless driving on December 6, 2008.
But Judge Robert Moore took pity on the ex-soldier and gave him an absolute discharge after hearing that an accident expert regarded the victim as reckless for riding on the road in the dark with a black scooter.
So why were three penalty points awarded? There must have been a second charge of simple careless driving.
I have been trying to find some facts on this.
I'm not entirely sure - Absolute Discharge = "No conviction".
There either had to be another charge, or the "non conviction" is a misuse of that term, otherwise there would be no question of a potential ban being avoided.
However the Sheffield Star has more to say:
Quote:
The judge criticised the prosecution for pursuing the case when its own expert witness had said the women had been "reckless" for being in the road.
"I take the view that since the prosecution expert witness told them that the victims had been reckless it was no longer in the public interest," the judge said.
He praised Hampshire for "accepting some responsibility" as an act of "proper remorse" and added: "The act of conviction is punishment enough". He refused to disqualify him from driving, imposing three penalty points "to mark the conviction".
It also reported a witness travelling the other way as saying:
Quote:
Witness Neil Tyrell, driving in the opposite direction, had seen another car swerve "for no apparent reason" seconds before the crash - only later realising there were two women in the road.
and in the Sheffield Telegraph
Quote:
Rachael Harrison, prosecuting, told the court Hampshire was later diagnosed with a cataract, which would have made his eyesight "foggy or hazy" - and at night could have rendered objects invisible.
Miss Harrison said Hampshire was driving from the casino on Ecclesall Road towards Woodseats, and that the accident happened at around 10pm at the crossroads on Abbey Lane, beyond The Beauchief Hotel, which Fiona and Kay had just left.
Fiona had spina bifida, while Kay has learning difficulties.
Miss Harrison said the wheelchair was made of black metal, and was not fitted with lights or reflectors.
"They crossed over the carriageway and, rather than continue onto the pavement, came onto the carriageway," she said.
In a statement, witness Daniel Moonman, who was travelling in the opposite direction to Hampshire, said he saw "two figures" - one in a wheelchair - in a "pool of darkness".
Miss Harrison said Mr Tyrell was driving two or three car lengths behind Hampshire.
I have looked into Absolute Discharge again.
Quote:
allows the court to find that a person may be guilty of an offense but that it is not in the public interest for the person to be punished for his actions.
The defining characteristic of an absolute discharge is the way the discharge goes into effect. This type of discharge provides immediate relief. It is not conditioned on a waiting period or on any conduct proscribed by the court
or
Quote:
An absolute discharge means that no further action will be taken against the offender. The offender still has a criminal record, but the court will take no action against them.
My MiL has just been diagnosed with age-related macular degeneration which affects the central vision... so I have read up on this recently.
I'm certain he wont be driving again, even with the cataracts removed.
Macular degeneration is caused by the body making a last ditch effort to repair and maintain itself - and new blood vessels form on the retina where there should not be any (so large), and they spread out like a spider web.
They can be laser treated, but it is likely to lead to scarring anyway!
One report on this states that the experts opinion was that the cataracts "creep up with the effects largely unnoticed, especially in the early stages"
As to not being able to read a number plate - I can fail that if I inadvertently look through the bottom of my bifocals - but it would not stop me from being able to see obstacles,
only resolve enough detail to read a character on a plate!
That is a different issue to not being able to see at all, or suffering a haziness of vision without realising it is so bad.