Drunk 4x4 driver runs over 70yr old cyclist.

[Arjimlad]

I've said it many times before, but its very pertinent so bears repeating

If I got drunk and recklessly - not accidentwlly - injured someone with my shotgun I'd never get my ticket back, not in a million years, and I'd be sentenced to share a bedroom with Bubba for double-digit years.

So why does the law allow and society tolerate such drivers getting the right to drive back at all, never mind so swiftly, following miserly sentences?

Sorry to harp on, but such road crime is so widespread and so benignly looked upon by society I struggle to comprehend it.

I was thinking exactly the same. Motornormativity strikes again.

 

[Drago]

Motornormativity. I like that, sums it up beautifully.

 

[ebikeerwidnes]

Fear not. There are organisations that can help you.

 

[DRM]

What a pathetic sentence, the judge should have been allowed to put the piece of black cloth on his head, before announcing the proper sentence, on this piece of scum, Drago has nailed it, a motor vehicle is the one weapon you can kill someone and get away with it.

 

[Pale Rider]

the judge should have been allowed to put the piece of black cloth on his head

Readers may know the black cloth was piece of folded silk which a judge would put on top of his wig immediately before passing the death sentence.

I doubt any of us has seen one used in earnest, but I have seen a high court judge use one as part of his regalia.

The judge travelled with a marshal - his own flunky - as some still do.

When the judge walked onto the bench, he was followed by the marshal who was carrying the black silk on a cushion.

Both were laid ceremoniously in front of the judge before the case began.

It was probably lost on most people in the public gallery, but for those of us in the know it did add to the gravity of proceedings.

Incidentally, the case was heard at the Moot Hall in Newcastle, a traditional Victorian theatre court.

The cells had a small exit tunnel leading to some steep steps down to the Quayside.

When someone was sentenced to transportation - sent to Australia - they were taken down these steps on to a small boat on the Tyne before being taken to a bigger boat for the journey down under.

Speedy justice, something I've always been in favour of.

Or as another judge once remarked: "Justice delayed is justice denied."

 

[mjr]

The judge travelled with a marshal - his own flunky - as some still do.

When the judge walked onto the bench, he was followed by the marshal who was carrying the black silk on a cushion.

Both were laid ceremoniously in front of the judge before the case began.

OK, now I have the image of both the cloth-on-cushion and the marshal laid on the desk!

Driver should be laid out somewhere. And licence revoked as a minimum.

 

[bonzobanana]

Like most people here a lifetime ban from driving should be automatic once his guilt is proven. That's before you think of the actual custodial sentence. If he drives after this all assets should be seized and he should be in a chain gang somewhere working in a field the next 10 years.

 

[Pale Rider]

OK, now I have the image of both the cloth-on-cushion and the marshal laid on the desk!

Very good.

The third sentence refers to the last part of the second, hence 'both' means silk and cushion.

The judge was also piped into court on his first morning by the Durham Police band, with the court staff respectfully lined up to greet him.

He did an ordinary court list, which meant he dealt with cases of burglary, routine weekend violence, and the like.

 

[icowden]

That sentence is nowhere near enough. Surely reckless driving, assault with a deadly weapon, DUI causing an injury, and leaving the scene of an injury accident should total 10 years at least. Unfortunately it wouldn't in SoCal either.

It is established by the sentencing guidelines.

Maximum starting point is 4 years custody (Category A - drunk, Harm 1 - serious and life changing injuries). Aggravating factors are driving off. Mitigation might be remorse. Aggravating factors take it up to a maximum of 5 years. If he pled guilty from the off then he gets a third off. If the Judge didn't raise the starting point, that would be 32 months (2 years 8 months).

It looks like either there were other mitigating factors or the Judge felt that cupability was category B in which case the starting point is 3 years, add on a bit for aggravating factors and take of the guilty plea discount and you get the sentence given.

Ultimately however the sentencing guidelines are defined by the sentencing council. They want to hear your views (occasionally). The last time they were solicited for driving offences was 2022:-
https://www.sentencingcouncil.org.uk/publications/item/motoring-offences-consultation/