1 elderly cyclist = 100 hours community service

[Sheepy1209]

This happened just round the corner from me: http://www.blackpool...agic.6516631.jp

Elderly lady, knocked off her bike by a 24-year-old driver who suffered a 'momentary lapse of concentration'.
Sentenced to 100 hours community service and a year's ban.

I don't know anything about this incident other than what's reported, but as far as I'm aware it takes more than a 'momentary lapse of concentration' to kill a cyclist. This sentence just says to me that drivers aren't expected to concentrate.

This is a dual carriageway in a 30 limit where cars usually speed, and because of parked cars they squeeze close together as they overtake - leaving no room for cyclists.

It's a road I simply won't cycle down, despite being pretty confident, because the driving there is so generally terrible. Maybe there are mitigating circumstances, maybe not, but taking the bare information reported here I'm just speechless.

I know this isn't 'commuting' but I can't think where else it belongs.

 

[StuartG]

I'm guessing you don't drive. Because most drivers have a few 'momentary lapses' but get away with it most of the time. When it comes to sentencing the sentencer has a moment of 'there but for fortune it could have been me'. And thats it you don't have to be bad to kill, you don't have to be incompetent, you just have to think about something else at the critical moment.

The positive side is the driver appears to have shown remorse in best way - by keeping off the road. And so he will for another year. And in two years who would you rather have behind you - this man with the ever present memory of what a mistake may cost - or any of the rest of us who have yet to learn?

That's the issue - we aren't taught/conditioned to taking driving as seriously as a pilot flying an airliner. Which is why they kill so few and we kill so many. Its a change in attitude that will save lives rather than banging this lad up for years.

 

[downfader]

I'm guessing you don't drive..

Whether he drives or not is besides the point. And yes its true we can all have lapses, its not exclusive to cars.

@Sheepy. TBH thats a pretty reasonable sentence considering the injustices that sometimes happen. Think of it this way - he got a ban, many dont get banned. There is a similar DC down here, 30 limit and frequented by those who assume its safe to do 60. Infact 2 motorcyclists have died in recent years on it when they were barged off the road.

 

[Peter10]

Prisons are totally full. There are priorities for who goes into prison now such as dangerous or persistent offenders (which isn't right but it's the way things are now). It won't be long until they remove custodial sentences for all "minor" offences soon if the new plans go ahead. To be honest, that is a pretty reasonable sentence, people get less for death by dangerous driving these days.

 

[Sheepy1209]

I find it depressing that even regular cyclists think this is reasonable - though I suppose it's not the sentence I'm objecting to, it's the comments about the driver being a 'respectable young man'. It's absolutely irrelevant how 'respectable' the man is.

The reporting standards of the Gazette are generally pretty abominable so it's unlikely all the facts are being presented or are out of context - but if so, why?

For info - yes I do drive, and have done for 28 years. I also ride a motorcycle.
When I drive I do sometimes get distracted, or my concentration might lapse - everybody makes mistakes. However, I accept that I have a RESPONSIBILITY to concentrate. This is not a difficult road, but it's fast, driving's aggressive, and it's on a bend - drivers don't leave themselves a margin for error so when the unexpected happens they're caught out. Again, I don't know what happened here - but it would take more than a 'momentary' lapse to kill someone. It needs to be either more than momentary, or combined with other factors.

 

[jimboalee]

100 hours community service is to dig a deep hole.

Then when 100 hours elapses, local cyclists can push the dozey motorist into the hole and fill it in.

 

[StuartG]

I find it depressing that even regular cyclists think this is reasonable - though I suppose it's not the sentence I'm objecting to, it's the comments about the driver being a 'respectable young man'

Well put yourself in the position of a magistrate or judge. Two people come up before you for knocking someone down in the street.

One has considerable previous and shows no remorse. One has no previous and demonstrates remorse. One can be described as 'respectable' - the other not. Is that not fair? With the first you have a real problem with rehabilitation. Its probably a lost cause. Hitting the person with a heavy fine, disqualification or even custody is all you can do to keep them out of the way and discourage repetition.

What would you do with the other that would help them and society? Its probably nothing. But a court is expected to punish. Its the revenge thing that we all find it so difficult to ignore. Even when it can be demonstrated to be counter-productive.

Nothing will bring back that life. Why ruin another?

 

[al78]

I'm guessing you don't drive. Because most drivers have a few 'momentary lapses' but get away with it most of the time. When it comes to sentencing the sentencer has a moment of 'there but for fortune it could have been me'. And thats it you don't have to be bad to kill, you don't have to be incompetent, you just have to think about something else at the critical moment.

The positive side is the driver appears to have shown remorse in best way - by keeping off the road. And so he will for another year. And in two years who would you rather have behind you - this man with the ever present memory of what a mistake may cost - or any of the rest of us who have yet to learn?

That's the issue - we aren't taught/conditioned to taking driving as seriously as a pilot flying an airliner. Which is why they kill so few and we kill so many. Its a change in attitude that will save lives rather than banging this lad up for years.

+1

The mentality of the accused needs to be taken into account when passing sentence, simply because someone who has a momentary lapse of concentration that has tragic consequences and is shocked by what they have done is less of a threat to society than someone who drives aggressively, kills someone and doesn't give a toss.