Kill a cyclist, get community punishment

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  • The jury decides if the defendant is guilty or not guilty, the Judge decides the sentence. The guidelines for causing death by careless driving are:

    **Nature of offence: ** Careless or inconsiderate driving falling not far short of dangerous driving
    **[B]Starting Point: **15 months custody [/B]
    **[B]Sentencing range: **36 weeks–3 years custody [/B]

    **Nature of offence: ** Other cases of careless or inconsiderate driving
    **[B]Starting Point: 36 weeks custody [/B][B]
    Sentencing range: **Community order (HIGH)–2 years custody [/B]

    **Nature of offence: **Careless or inconsiderate driving arising from momentary inattention with no aggravating factors
    **[B]Starting Point: **Community order (MEDIUM) [/B]
    **[B]Sentencing range: **Community order (LOW)–Community
    [/B]
    http://thecyclingsilk.blogspot.co.uk/2012/04/causing-death-by-careless-driving-some.html

    "The role of the jury is described as that of a finder of fact, while the judge is seen as having the sole responsibility of interpreting the appropriate law and instructing the jury accordingly."
    from: http://en.wikipedia.org/wiki/Jury#Role

  • Slightly on topic, undiagnosed whooping cough, four people killed, shit happens:

    http://www.standard.co.uk/news/uk/no-charge-for-driver-who-blacked-out-at-the-wheel-in-coughing-fit-leaving-four-dead-in-crash-8796546.html

    Following a fatal crash I've heard offered in mitigation:

    A spider

    A wasp

    Coughing

    Sneezing

    Undiagnosed narcolepsy

    Sandal trapped in accelerator

    High heels trapped in accelerator

    Blinded by sun.

  • Sorry I don't have a link to the story, only raw text, but here goes. I can only imagine what the comments section will look like. Not going post the whole thing but this gives you an idea.

    Golf Champion Spared Jail After Killing 77-year-old Cyclist With Porsche

     Sept. 4 (Telegraph) -- A Golf champion who killed a
    

    77-year-old woman when she knocked her off her bike with her
    Porsche has been spared jail.

     Tracy Capal, 51, clipped Margaret Ward's front wheel when
    

    she turned into a Porsche car dealership.

     The great-grandmother, who was on her way to visit her late
    

    husband Bob's grave, suffered serious head and chest injuries and
    died later in hospital.

     Capal, a ladies golf champion, appeared at Chester Crown
    

    Court on Friday where she admitted causing death by careless
    driving and was given a suspended jail term. She was also banned
    from driving for two years.

     The court heard Capal, a speech writer and leading figure
    

    within Manchester’s Jewish community, had no idea that she had
    hit Mrs Ward, a former primary school caretaker, and parked her
    car on the forecourt.

     It was only when a passer-by tapped on her car window that
    

    she realised what had happened and was said to be "immediately
    distraught" when she saw the victim's injuries.

  • Clearly she was "immediately distraught", that's alright then...

  • The court heard that Capal had no idea she had hit Mrs Ward on Manchester Road, Handforth, until other motorists alerted her.

    She left-hooked Mrs Ward, how fast would a 77 year old widow have been cycling? She didn't even know she'd hit the cyclist.

  • This is where I agree with Jeez' point around driving being seen as a right. If you are so careless that firstly you hit a cyclist and secondly don't even notice when you do, should you ever drive again. I would say no you shouldn't.
    The likelihood is that the majority of drivers are probably just as careless but it only becomes a problem when they hit something.

  • Did Capal have the radio on? How can you fail to notice colliding with a cyclist? How can you misjudge a pensioner on a bike's speed?

  • Particularly since she had just cut her up. She had to know the rider was there in the first place, because she had just rushed past. RIP Mrs Ward.

  • The story says that she actually saw her, but basically tried to beat her to the turning and clipped her (without noticing, or bothering to check). Sickening.

  • Satnav should be punished really. Send it down for life

  • This all makes me very angry, can't comprehend why such injustices go on. Are courts similarly lenient when cars wipe out peds with the excuse 'I didn't see them'?

  • Sickening... Can't handle it right now, it just makes me angry.

    *Unsubscribes for the time being.

  • This all makes me very angry, can't comprehend why such injustices go on. Are courts similarly lenient when cars wipe out peds with the excuse 'I didn't see them'?

    i suppose not because all of the jury sometimes walk.

    one of the main problems is people don't believe that cycling is safe, so naturally assume the victims in these cases were probably doing something unpredictable or it wasn't even sensible to be cycling on the road in question. i'm generalising here, not specifically the golf champion case(WTF journalism right there!).

  • HM Coroners aren't doing their bit.
    How many Reg 28 / Rule 43 are / were issued, re. cycling fatalities?
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/204786/9th-rule-43-report.pdf

  • A depressing read, this thread, but some good points raised.

    If anyone on here wants to channel their feelings about the current justice system in to an organisation that campaigns to improve it, I'm certain RoadPeace would love to hear from you: http://www.roadpeace.org/rdr/

    Why?

    WTF are that useless load of "lets not upset too many and sit on the fence no-hopers" going to do?

    I am sick of writing to many MP's whom are scared of losing votes, hence they do sweet FA about death by dangerous driving etc.

    Prisons are full, and the powers that be don't want to put any more criminals in them, so killing someone whilst in control of a vehicle is not seen as a crime.

    That Aussie video is sickening.

  • Surprise, surprise, Aussie pigs do fuck all other than lie and make their own lives easier.

  • Sadly this is from last week, and the driver was bailed during the probe of the cyclists's death....

    Sussex Police said inquiries were continuing in connection with allegations against Kirk of causing death by dangerous driving, failing to stop at a road collision, failing to report an accident, driving while being under the influence of drugs and causing a death while driving an unlicensed, uninsured car while being disqualified.

    http://www.bbc.co.uk/news/uk-england-sussex-24339337

  • The cunt should be castrated and never be allowed to touch another car.

  • ^ this.

    I moved to Sussex 18 months ago and the standard of driving by motorists is beyond shit.

    The WAG's in their 4x4s with a coffee cup in one hand and a latte in the other whilst smoking are the worst. TOWIE tossers with Rylan teeth in their mum's Corsa (with a big exhaust) ragging it 20 feet up East Grinstead high street to a grinding halt.

    You think I'm joking? Visit Forest Row at 11am. Feckin' despicable driving skills abound and never a copper when you need one.

    Fucking hate it.

  • [QUOTE=stripe;3856017]http://www.newsshopper.co.uk/news/bromley/10516263.Catford_man_accused_of_hitting_Chislehurst_cyclist_and_driving_away_not_guilty_of_two_charges/

    Very glad to see William Hanlon hasn't been forgotten.. I don't know if anyone else has properly delved into this one... a true scandal.

  • That is a strange story.

  • ^^^Two coffees?

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Kill a cyclist, get community punishment

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