Kill a cyclist, hide the evidence, get two years

I didn't see evidence he threw away the bike, but the fact he failed to even acknowledge the noise and disturbance is a massive neglect of his duty as a road user. Pure ignorance!
If he did do it deliberately and knowingly then he should be shot! but I would hate to think someone would do that.. I’d prefer to believe he panicked. It’s really hard to put yourself in that situation.. what would you do???

The bike, panniers, belongings, passport etc. were thrown over the fence at the side of the lay by. The driver's stroy was that he stopped at the lay by to read his map, the bike and bits must have fallen from beneath his lorry and someone else must have come along and thrown them over the fence. Nevertheless he was found guilty of perverting the course of justice by hiding the evidence. Sentence 2 years.
He was found not guilty of causing death by dangerous driving (max was 10 years, now 14). At the time it was not possible to charge him with causing death by careless driving (max 3 years) as that law was too new.
I don't know if you are now charged with causing death by dangerous driving you can now be aquitted of that but found guilty of causing death by careless driving. Maybe any legal experts can tell us.

heres a solution (simple?) to the constant problem and danger for cyclists:

lights are red for all vehicular traffic but 10 seconds before the lights go green for that traffic, a cyclists 'green light' appears to allow cyclists to travel off before any of the vehicles are allowed to. This would eliminate the danger posed by both setting off at the same time as the cyclist would be long gone before the bus/lorry/car starts moving.

Simple enough wouldnt you agree?, im surprised it hasnt been seriously debated.

Bloody good idea that mate.

Yes. That's right, of course he would.

Do you want to buy some magic beans, lynx?

It was a flipant comment, but two years. I have driven LGV, HGV and PSV and wha the driver says is bollocks. IMO he deliberately ran the bloke over and hid the fact. If that is magic bean buying gimme several bags.

I've posted it before but I'm desperately trying to promote it because I think it's such a good post and can't believe it did not get more attention when I made thread for it.

Read this http://thecyclingsilk.blogspot.com/2009/11/cycling-against-car-culture.html

It's a brilliant post. I think possibly it didn't get much chat on here because there is not much to add to it. I would be interested in any campaigning that that QC is getting involved with. I may try to effect an introduction to him at some barrister do or other.

The bike, panniers, belongings, passport etc. were thrown over the fence at the side of the lay by. The driver's stroy was that he stopped at the lay by to read his map, the bike and bits must have fallen from beneath his lorry and someone else must have come along and thrown them over the fence. Nevertheless he was found guilty of perverting the course of justice by hiding the evidence. Sentence 2 years.
He was found not guilty of causing death by dangerous driving (max was 10 years, now 14). At the time it was not possible to charge him with causing death by careless driving (max 3 years) as that law was too new.
I don't know if you are now charged with causing death by dangerous driving you can now be aquitted of that but found guilty of causing death by careless driving. Maybe any legal experts can tell us.

Very interesting, where did you get this info?
2 years for hiding evidence, was there no charge for perverting the cause of justice? from what i understand he cannot be tried again for his case.

all the info is in the OP's links. the 2 years is also for perverting the course of justice.

put the judge in prison.

I'll say it again: I LOOK FORWARD TO THE DAY WHEN THE CHILDREN/GRANDCHILDREN/LOVED ONES of a judge (especially the one involved in this case) or anyone from the establishment are MURDERED like the poor bloke in this situation and lets see what kind of sentence is dished out.

That story has made me sick to my rotten reactionary core.

I would be up for putting up cash to get the best representation and get that sick twisted lorry driver back on trail. Barring that a hitman. Sorry to say it but if the cyclist had been a loved one of mine, I'd be willing to do time.

2YEARS?!?!?????

YouTube- Angles morts

Called " Angle mort"
Terrifying, particularly from 6:33 onwards.

The bike, panniers, belongings, passport etc. were thrown over the fence at the side of the lay by. The driver's stroy was that he stopped at the lay by to read his map, the bike and bits must have fallen from beneath his lorry and someone else must have come along and thrown them over the fence. Nevertheless he was found guilty of perverting the course of justice by hiding the evidence. Sentence 2 years.
He was found not guilty of causing death by dangerous driving (max was 10 years, now 14). At the time it was not possible to charge him with causing death by careless driving (max 3 years) as that law was too new.
I don't know if you are now charged with causing death by dangerous driving you can now be aquitted of that but found guilty of causing death by careless driving. Maybe any legal experts can tell us.
I can't actually remember if it's what we call a lesser included offence. For example, those charged with GBH can be convicted by the jury of ABH without the need for the ABH to be on the indictment. I shall check. I'm in two minds about the new death by careless offence. On the one hand, it will let us charge more people who otherwise would only have been charged with careless, and not the "death by", but on the other, I'm worried too many people will take the easy option and charge the lesser offence to increase chances of conviction.

As for the family appealing, no, there's nothing they can do. If the CPS are persuaded that the sentence was unduly lenient, they can appeal. They have a certain amount of time in which to do that, and I would hope that this course of action has already been considered.

I think we should take a full page advert out in a national paper simply saying "if you want to get away with murder, here's how" and just give a few details of some of the worst cases (without names) and the sentences they got.

I would put money towards that.

Or a bus campaign like the athiest bus thing. Road safety posters are just shite about helmets. We should do our own.

So instead of the Jesus Loves Us Bus, it'd be the Please Don't Run Over Us Bus?

If the CPS are persuaded that the sentence was unduly lenient, they can appeal. They have a certain amount of time in which to do that, and I would hope that this course of action has already been considered.

He wasn't found guilty of the driving offence. So all they've got to decide about is whether a two stretch for perverting following a traffic "accident" in which someone was accidentally killed is unduly lenient.

I'm guessing it'll stand as is.

Unless there's a huge public uproar - outside the cycling community.

He wasn't found guilty of the driving offence. So all they've got to decide about is whether a two stretch for perverting following a traffic "accident" in which someone was accidentally killed is unduly lenient.

I'm guessing it'll stand as is.

Unless there's a huge public uproar - outside the cycling community.
"The jury cleared him of the more serious charge of causing death by dangerous driving but found him guilty of careless driving and perverting the course of justice." -- from the BBC article linked in to start with.

Sentencing guidelines for careless driving are on p117 of http://www.sentencing-guidelines.gov.uk/docs/sgc_magistrates_guidelines_including_update_1_%202%20_3_web.pdf
that document.

http://www.sentencing-guidelines.gov.uk/docs/causing_death_by_driving_definitive_guideline.pdf

This document is the sentencing guideline for death by dangerous driving. It makes for sobering reading. Cycling Silk's blog post about the driving culture makes a great point about behaviour that feels the full force of legislation in another area (safety in the workplace), is regarded as very minor when it relates to behaviour behind the wheel of a car.

If I got drunk and killed a cyclist with my car, the starting point is 3 years. That's for someone of good character convicted after trial. I'd plead guilty, get a third off, that's 2 years. I serve half, so I'd be out in time for next Christmas.