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@scoober
I concur. I do not think it unreasonable to expect a driver to be able to see what is on the road in front of him. And if a driver genuinely cannot see what is on a particular bit of road, then he should not drive into that space. With this in mind I think that the presumption should be that in the absence of evidence to the contrary, the driver was neglegent.
Aside from the issue of whether this particular driver should be punished, a big problem is that this judgement, and others before it, make it clear that you can drive neglegently and it doesn't matter, because even if you take a life, you will only get a slap on the wrist.
I fail to understand why part the function of many legal punishments is to funtion as a deterrent to others, but there is no mention of the idea that we need a legal deterrent to stop people from putting others' lives at risk on the roads.