Charity ride cyclist killed in Kent

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steveindenmark

Legendary Member
Terrible news. In the BBC southeast news this evening they were reporting this as a hit and run. What beggars belief is that the accused has already been released on bail.

Its a terrible sad event. RIP

If it is not thought that the accused will flee, there is no point in keeping them in custody. If it was thought they would flee, they would have been remanded in custody. Personally, I would prefer the revenge system, but we work on the justice system.

It appears that the driver is an 18 year old female.

Lets see what the courts come up with.

Steve
 

spen666

Legendary Member
....
If it is not thought that the accused will flee, there is no point in keeping them in custody. If it was thought they would flee, they would have been remanded in custody. ....

Point of Law
Before they can be remanded in custody, they have to be CHARGED/ (or summonsed) with an offence. To be arrested is not sufficient to remand someone in custody
 

steveindenmark

Legendary Member
Point of Law
Before they can be remanded in custody, they have to be CHARGED/ (or summonsed) with an offence. To be arrested is not sufficient to remand someone in custody

I thought that would be obvious...sorry.

Certainly enough evidence to charge them I would suspect.

Steve
 

spen666

Legendary Member
I thought that would be obvious...sorry.

Certainly enough evidence to charge them I would suspect.

Steve


I suspect there is not enough evidence yet, hence why they have not been charged. I suspect (and am guessing here) that problem is proving which of the 2 were driving
 
OP
OP
glasgowcyclist

glasgowcyclist

Charming but somewhat feckless
Location
Scotland
The woman driving the car has now admitted death by dangerous driving and being double the drink/drive limit.

An 18-year-old woman has pleaded guilty to causing the death of a cyclist during a charity bike ride in Kent.
Bethany Mackie was more than twice the legal drink-drive limit when her car hit Christian Smith, 38, from behind.
The father-of-three from Boughton Aluph, near Ashford, was completing the last leg of a 24-hour 248-mile ride across Kent and Sussex on 22 March.
He was pronounced dead at the scene of the collision, on the A2990 Old Thanet Way, near Chestfield, Whitstable.
Appearing before Canterbury Crown Court, Mackie, from Beltinge Road in Herne Bay, admitted causing death by dangerous driving and driving with excess alcohol.

Hopefully she'll be spending Christmas (and then some) in prison.

GC
 
She could have got a taxi. Instead three children have no father. She needs to reflect on her actions when she goes to prison.
 

numbnuts

Legendary Member
I know it is not going to bring the father back, but anybody that kills a person after drinking should have their licence revoked for life as it is a privilege to have a licence and not a right.
 

Crankarm

Guru
Location
Nr Cambridge
If the children are young then when they are older, much older and grown up, they should track the driver Mackie down, knock at her door and ask her why she killed their father all those years ago?

I hope she spends a long time in prison. She needs at least a 10 year driving ban to run from when she comes out.
 

MattyKo

Active Member
Pretty grim that some one that has held a driving licence for no more than 23 months firstly has decided to drive whilst drunk and firstly again for the consequences of that decision to result in a gentleman's death. It is unfortunate that irrespective of the likelihood of a custodial sentence been issued by the judicial bench, the length of such a punishment shall (probably in view of admission of guilt (hence their legal team suggesting that admission) and their age) be no more than the 23 months maximum they had been driving.

30/12/14

The actual punishment handed down by the bench was five years imprisonment, which on the basis that you can anticipate an automatic 50 % reduction in sentence for term of imprisonment five years or less ( approximately 30 % reduction for sentences of greater length ), this person shall be released from prison within 23 months of the date the door was initially locked upon them.

I have suggested on numerous occasions and argued for an even long period of time, longer than this website has been in existence, for tougher punishment for the drivers of vehicles which result in the untimely passing of life, I cannot argue that things are moving in the wrong direction - it is great to hear that one of those black boxes was fitted to the vehicle, however, this was on the instruction of the insurance company and presumably with agreement from the driver - why not fit them as mandatory to all vehicles.

Furthermore, why no make the punishment fit the crime, if we are no able to detain someone for longer, why not just ban people for driving for life, if their actions result in someone's passing. Okay this does then begin rather more complex issues of consequence, etc, but why no just begin with some one dying and the person found to be at fault was over the limit. Arguments of rehabilitation are not important because stopping or prohibiting someone from driving should not be consequential upon argument of civil liberties, etc. I know I am arguing to the already converted however it is interesting to put my point across nevertheless.
 
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The important points for me are that she was speeding, and tried to get away. When the police arrived she was walking away from the scene, away from the man she killed. I dunno if it's true but some people on the comments beneath the Kent newspaper report say she was bragging on Facebook about parties and holidays after she'd killed Mr Smith:

She told police: 'I didn't see him. He didn't wear any reflectives at all.' Wrongly thinking that the speed limit was 70mph, she added: 'I'm sure that I was doing 69mph.'

Miss Packham said the aggravating features of the case included Mackie's excess speed, her alcohol consumption and the fact she left the scene.


http://www.dailymail.co.uk/news/art...248-mile-charity-bike-ride.html#ixzz3MNWxwA2y

Drunk. Speeding. Tried to get away, then blamed the man she had just killed for his own death. Bethany Mackie is a very special type of person.
 
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