A cement lorry driver who ran over and killed a cyclist after failing to spot her in his mirrors has been spared jail.
Interior design student Giovanna Cappiello, 29, was killed by Stephen Hempenstall’s 32-tonne truck as she cycled through Battersea on July 4, 2019.
The Mercedes Arco cement mixer lorry was fitted with a range of safety measures, including side scanners and specially adapted mirrors, Inner London Crown Court heard.
But Hempenstall, 52, failed to look properly or check his visual aids before he turned left across Ms Cappiello’s path and ran her over, it was said.
CCTV cameras caught him holding a piece of paper in his hand and he was ‘in a plainly distracted state,’ jurors heard.
Hempenstall later told an officer at the scene: ‘I don’t know where the cyclist I hit came from. I did not see her in my mirrors.’
Ms Cappiello suffered catastrophic injuries from the collision.
The University of the Arts in London student was two weeks from graduating at the time of her death after being the first in her course to achieve A+ grades in theory and practice.
Hempenstall denied causing death by careless driving but was convicted of the charge after a week-long trial.
Judge Benedict Kelleher told Hempenstall: ‘On that day you were driving a concrete mixer truck heavy goods vehicle along Silverthorne Road, turning left onto Wandsworth Road.
‘Unseen by you but on your left hand side was the victim in this case Giovanna Cappiello.
‘As you turned to the left, her bicycle was caught on the left hand side of your vehicle and she was dragged.
‘You knew you were driving a vehicle equipped with numerous cameras and it was the evidence from those cameras that were presented during the trial along with evidence from a collision expert.
‘In most aspects you completed a perfectly normal left hand turn.
‘Your vehicle reached a maximum speed of 11mph.
‘What you did not do was to look in your nearside mirror during the period of time when Miss Cappiello would have been visible.
‘In fact you had not looked in your mirror for some considerably longer time than that.
‘The effect of that carelessness was of course utterly tragic.
‘I have read the very moving statement of her father written two years ago but no doubt the loss is still felt very deeply by him and his family.
‘There are aggravating factors, the first and most obvious being that Ms Cappiello was a vulnerable road user being on a bicycle.
‘You were driving a heavy goods vehicle and that is also an aggravating factor, clearly those driving vehicles of that kind have an added responsibility to avoid collisions like this.
‘The fact that Ms Cappiello was cycling on your nearside is and was a contributing factor to this condition and is therefore a mitigating feature.
‘In addition to that, I take into account your good character, many people consider you to be a good, kind and considerate man.
‘You have no previous convictions or driving offences against you and you have been a heavy goods vehicle driver for decades and had a very good reputation in that field.
‘Almost immediately after you were convicted you lost your father and that would have been a real personal tragedy for you and one which you are still having to cope with.’
The judge sentenced Hempenstall to nine months jail but suspended the term for 18 months.
Hamish Common, prosecuting, said Hempenstall had left the Battersea Concrete Plant after reloading his vehicle with ready mixed concrete.
‘Mr Hempenstall was holding some paper in his right hand whilst he was driving.
Mr Common said that this indicated that Hempenstall was driving ‘in a plainly distracted state.’
‘If one is driving a large vehicle, one needs to check in particular to one’s left to see that there are no vulnerable road users in the vicinity.
‘He didn’t look left at all before that turn. He missed plenty of opportunities to see Miss Capiello in his mirrors.
‘He then folded the sheet of paper but continued to hold it in his right hand and on several occasions, shuffled it from his right to left hand and back again as he drove south on Silverthorne Road.
‘An air ambulance attended the scene. Miss Capiello had suffered exceptionally grave injuries.’
Hempenstall was questioned by the police and ‘essentially said that he did not see Miss Capiello’.
He denied but was convicted of causing death by careless driving.
Hempenstall, of Thornhill Road, Uxbridge, was given a nine month prison sentence, suspended for 18 months.
He must also complete 80 hours of unpaid work within 12 months and pay £2,400 as a contribution towards costs of the prosecution, to be paid in £300 per month instalments.
Hempenstall was disqualified from driving for 12 months.
A cement lorry driver who ran over and killed a cyclist after failing to spot her in his mirrors has been spared jail.
Interior design student Giovanna Cappiello, 29, was killed by Stephen Hempenstall’s 32-tonne truck as she cycled through Battersea on July 4, 2019.
The Mercedes Arco cement mixer lorry was fitted with a range of safety measures, including side scanners and specially adapted mirrors, Inner London Crown Court heard.
But Hempenstall, 52, failed to look properly or check his visual aids before he turned left across Ms Cappiello’s path and ran her over, it was said.
CCTV cameras caught him holding a piece of paper in his hand and he was ‘in a plainly distracted state,’ jurors heard.
Hempenstall later told an officer at the scene: ‘I don’t know where the cyclist I hit came from. I did not see her in my mirrors.’
Ms Cappiello suffered catastrophic injuries from the collision.
The University of the Arts in London student was two weeks from graduating at the time of her death after being the first in her course to achieve A+ grades in theory and practice.
Hempenstall denied causing death by careless driving but was convicted of the charge after a week-long trial.
Judge Benedict Kelleher told Hempenstall: ‘On that day you were driving a concrete mixer truck heavy goods vehicle along Silverthorne Road, turning left onto Wandsworth Road.
‘Unseen by you but on your left hand side was the victim in this case Giovanna Cappiello.
‘As you turned to the left, her bicycle was caught on the left hand side of your vehicle and she was dragged.
‘You knew you were driving a vehicle equipped with numerous cameras and it was the evidence from those cameras that were presented during the trial along with evidence from a collision expert.
‘In most aspects you completed a perfectly normal left hand turn.
‘Your vehicle reached a maximum speed of 11mph.
‘What you did not do was to look in your nearside mirror during the period of time when Miss Cappiello would have been visible.
‘In fact you had not looked in your mirror for some considerably longer time than that.
‘The effect of that carelessness was of course utterly tragic.
‘I have read the very moving statement of her father written two years ago but no doubt the loss is still felt very deeply by him and his family.
‘There are aggravating factors, the first and most obvious being that Ms Cappiello was a vulnerable road user being on a bicycle.
‘You were driving a heavy goods vehicle and that is also an aggravating factor, clearly those driving vehicles of that kind have an added responsibility to avoid collisions like this.
‘The fact that Ms Cappiello was cycling on your nearside is and was a contributing factor to this condition and is therefore a mitigating feature.
‘In addition to that, I take into account your good character, many people consider you to be a good, kind and considerate man.
‘You have no previous convictions or driving offences against you and you have been a heavy goods vehicle driver for decades and had a very good reputation in that field.
‘Almost immediately after you were convicted you lost your father and that would have been a real personal tragedy for you and one which you are still having to cope with.’
The judge sentenced Hempenstall to nine months jail but suspended the term for 18 months.
Hamish Common, prosecuting, said Hempenstall had left the Battersea Concrete Plant after reloading his vehicle with ready mixed concrete.
‘Mr Hempenstall was holding some paper in his right hand whilst he was driving.
Mr Common said that this indicated that Hempenstall was driving ‘in a plainly distracted state.’
‘If one is driving a large vehicle, one needs to check in particular to one’s left to see that there are no vulnerable road users in the vicinity.
‘He didn’t look left at all before that turn. He missed plenty of opportunities to see Miss Capiello in his mirrors.
‘He then folded the sheet of paper but continued to hold it in his right hand and on several occasions, shuffled it from his right to left hand and back again as he drove south on Silverthorne Road.
‘An air ambulance attended the scene. Miss Capiello had suffered exceptionally grave injuries.’
Hempenstall was questioned by the police and ‘essentially said that he did not see Miss Capiello’.
He denied but was convicted of causing death by careless driving.
Hempenstall, of Thornhill Road, Uxbridge, was given a nine month prison sentence, suspended for 18 months.
He must also complete 80 hours of unpaid work within 12 months and pay £2,400 as a contribution towards costs of the prosecution, to be paid in £300 per month instalments.
Hempenstall was disqualified from driving for 12 months.