2011-03-10 - Rider Down/Fatality, Hillingdon

I know the argument is that in death by driving cases there is a lack of intent on the part of the driver so the punishment is less than for many other offences where someone dies, but the bottom line is that someone is dead because of the actions of the driver. Driving should entail a very high degree of responsibility due to what can happen when you don't pay attention, or drive like a tool, but this is not how it is viewed by the legal system or indeed most of society sadly.

I personally think the use of the word 'accident' in traffic reports is responsible for this mindset. The BMJ has been campaigning against the use of this word for over ten years. I have been hassling LBC about it for some time but they seem to use it all the more.. I personally have never seen an 'accident', only dangerous driving or attempted manslaughter. My thoughts are with the widow and family of Commander Barrett. I would urge people to join: http://www.roadpeace.org/

Another +1 for RoadPeace. There has been a bit of progress on the use of 'accident', but not enough.

There are more details of the court case in the Daily Mail:

The driver describes how he didn't see the cyclist as he was blinded by the sun....

"Luker was found guilty of causing death by careless or inconsiderate driving following a trial at Harrow Crown Court.

Sentencing Luker to a 12-month community order and 100 hours unpaid work, Judge John Anderson said: 'The consequences of your driving were terrible on Gp Capt Barrett's wife and family, to whom once again I pass on my deepest sympathies.

'But I'm quite satisfied this offence arose out of your momentary inattention and as such, it is an offence that falls into the lowest category of the sentencing guidelines for death by careless driving.

'I'm satisfied of the deep remorse you have shown for the victim, his family and colleagues, and that this has had, and continues to have, a profound effect on your mental wellbeing.

'I take the view that a community order would be the correct sentence in your case.' "

Nice to have an explanation of sentencing for once. Seems to conform to CPS guideliness whether you think it is too lenient or not.

Hypothetically speaking I wonder how one of us would be sentenced for colliding with and killing a pedestrian while momentarily losing concentration and running a red or a zebra crossing?

In any event, I digress. RIP Captain Barrett.

The current thinking is that the CPS is not fit for purpose..

I don't know about anyone else, but if I had a momentary lapse in concentration I would be dead.