[QUOTE 2440265, member: 45"]Whether it is a legal requirement or not is irrelevant isn't it? What is relevant is whether either would have had the injuries reduced by wearing either. If the judge has some evidence that a helmet is likely to have helped (there's nothing on this thread showing what injuries were sustained) then he was giving a view based on evidence. Glenn has claimed that there was no evidence. I'm not questioning the claim but I'd like to know where that came from.
At the moment this thread is still hugely lacking in detail on the case. We're all focussing on a statement picked up on by a newspaper. Has anyone got a link to any more detail?[/quote]
As Adrian has pointed out, the helmet wearing is entirely irrelevant to what the court has been asked to consider: the standard of driving.
I haven't read the court transcripts, but I have no reason to doubt the reports - the Glasgow Herald has a reasonable standard of journalism. Is there cause to doubt the article? I have, however, sat on a jury in the Sheriff Court. They are reserved for simple cases for relatively minor offenses where expert testimony of this nature is not required (those cases go to the High Court). It is therefore very unlikely that any testimony as to helmet efficacy would have been heard. And in any case, it is irrelevant to both verdict and punishment. (Personally, I don't see imprisonment as being useful in this case. However, two fatalities caused by poor driving standards would suggest to me that a lifetime ban on driving would have been appropriate - and indeed, the minimum with regards to public safety.)