"I can't help it if a cyclist falls over"

[Saluki]

So its not her fault if someone falls off their bike in her path.
Does that mean that its not my fault if someone gets in the way when I am loosing arrows from my compound?

That was somebodies child that she killed and she has got off scott free. That sends a very positive message to the great unwashed, don't you think?

 

[hopless500]

So its not her fault if someone falls off their bike in her path.
Does that mean that its not my fault if someone gets in the way when I am loosing arrows from my compound?

That was somebodies child that she killed and she has got off scott free. That sends a very positive message to the great unwashed, don't you think?

I know. Stinks doesn't it. Driving on the wrong side of the road. Scares someone into falling off. Kills them. Passes the buck.
Nice woman.

 

[glenn forger]

A case so bafflingly callous and incredible even the daily mail readers are united against the verdict. Only a demented sociopath could defend the verdict. The jurors are effectively saying that ploughing into someone doing nothing wrong whilst overtaking on the wrong side of the road, on a blind bend, is just one of those things. They should be stripped of their driving licences.

There seems to be a radical disconnect in this driver's brain.

"It's not my fault the cyclist fell over, as I drove at her on the wrong side of the road at 50mph".

 

[400bhp]

This seems really odd.

In court on the wrong count?

 

[Archie_tect]

A case so bafflingly callous and incredible even the daily mail readers are united against the verdict. Only a demented sociopath could defend the verdict. The jurors are effectively saying that ploughing into someone doing nothing wrong whilst overtaking on the wrong side of the road, on a blind bend, is just one of those things. They should be stripped of their driving licences.

There seems to be a radical disconnect in this driver's brain.

"It's not my fault the cyclist fell over, as I drove at her on the wrong side of the road at 50mph".

Are there circumstances where a verdict can be challenged by a Higher Court so the verdict could be set aside as unsound and a retrial ordered?

 

[sheddy]

I'm astonished by this verdict.

She HAS caused death by careless driving. Her reckless driving has caused someone to wobble. Her failure to stop (in the distance seen to be clear) has resulted in a heavy collision.
These points (plus a few others) are all covered in the Highway Code.

 

[glenn forger]

Are there circumstances where a verdict can be challenged by a Higher Court so the verdict could be set aside as unsound and a retrial ordered?

Not as far as I know, that's the verdict. There may be a civil claim. Denisa had no children so her life won't be worth much in the civil case either.

 

[lukesdad]

Oh My God. Only just heard about this case but boy does this make my blood boil. How the hell can it be fine to overtake on a blind bend and then KNOWINGLY CARRY ON WHEN YOU SEE NOT ONE BUT TWO CYCLISTS coming towards you? All this does is reinforce the message that a cyclists' life is worth nothing in the eyes of not only a large number of drivers, but also the law itself.

How do you know it was a blind bend, the reporting seems a bit vague in this respect. As a matter of fact the reporting of the whole incident seems rather vague, there were at least 5 witnesses that we know about(not including the young girl) and probably more we don't know about. Initially the jury would seem to be split, some obviously taking the stance of the majority on here, it only took 3 hrs for them to be convinced otherwise. I suggest we might not know all the facts to this case and the ones we do -bellringer,£300 bike are totally irrelevant to the case. If you are going to convict someone based on what you read in the press you are no better than a lynch mob. Fortunately our legal system protects us not only from criminals and wrong doers, it also protects us from people like you lot too.

 

[Bromptonaut]

I didn't think I did blame them. The decision was a travesty of justice IMHO (from the evidence reported)

Where the fault lies for that I don't know, but it was a travesty.

I'm concerned that the jury failed to convict but they heard ALL the evidence, not just the bits the press chose to report. They also presumably had the benefit of at least pictures of the site if not a visit to it.

Death by careless is a newish offence created on the back of public/press hoo hah focussing on the consequences of particular actions. I suspect a careless only charge would have suceeded. Reluctance of juries to convict when a custodial sentence, which they may see as disproportinate, is in play was a possibility well canvassed at time the legiislation was proposed.

In this case there are too many doubts and ifs - if the cyclist were more experienced, if as Boris B suggests she'd ridden in front - for the jury to be convinced beyond reasonable doubt. While the comments about falling over seem to betray a harsh attitude there are other descriptions of the defendants demeanour that suggest she does recognise the gravity etc.

 

[glasgowcyclist]

I know. Stinks doesn't it. Driving on the wrong side of the road. Scares someone into falling off. Kills them. Passes the buck.
Nice woman.

I hope she has many years of nightmares, reliving the moment she hit that young woman, and wakes up screaming. She doesn't deserve a moment's peace for the rest of her life.

GC

 

[Boris Bajic]

I hope she has many years of nightmares, reliving the moment she hit that young woman, and wakes up screaming. She doesn't deserve a moment's peace for the rest of her life.

GC

She will undoubtedly have nightmares for a few years to come, so you get that wish.

Nonetheless, she did show remorse in court. She does deserve some peace, unless we are savages.

I find the original charge eccentric and am (very) surprised and saddened that she has not a mark against her record, but do not know enough to question it. However, a serious prosecution and a serious defence put their cases and a serious jury found her NG. I believe we may not have read details of the case not considered suitably newsworthy.

Motorists do need to start treating cyclists as though they may be novices. It appears that the inexperience of the victim and the boyfriend's lack of experience teaching a novice were not entirely unconnected with the outcome. Neither shares any blame, but I imagine that both were factors and that the jury might have thought so too.

 

[glenn forger]

How do you know it was a blind bend

Because the driver admits it.

Measures overtook on a blind bend and, on suddenly seeing two oncoming cyclists, decided not to brake (“if I had been concerned, I would have stopped suddenly“) but consciously chose to pass close to them. Or, at least, so she hoped. Tragically, Perinova was unable to keep to the small gap afforded her by Measur es, and was flung nearly 50 feet, sustaining severe head injuries from which she later died.

http://beyondthekerb.wordpress.com/2013/10/03/the-law-and-the-road-things-must-change/

“I can’t help it if a cyclist, falls over as I’m approaching them [at speed on the wrong side of the road, by my own volition]”

The cyclist had done nothing wrong, blaming her in any way is extremely distasteful. What would you do if you saw a car coming at you on the wrong side of the road at 50mph? Jiggle the front wheel, be uncertain, be convinced the driver must slow down or take avoiding action? Panic, or at least be completely terrified that a vehicle's hurtling towards you on your side of the road? Maybe fall off? The driver's actions caused the cyclist to fall, then the driver killed her. There is NOTHING to suggest Denisa was a novice rider, her bike was new but the press report, and Boris, predictably, seize upon something they have zero evidence for.

Failed by the justice system, then slagged off by internet twats.

 

[glenn forger]

She will undoubtedly have nightmares for a few years to come, so you get that wish.

Nonetheless, she did show remorse in court.

No she didn't, the despicable psycho bitch tried to blame the cyclist for her own death. And stop trying to divert blame onto Denisa by repeating the "novice cyclist" bollocks. Is someone a "novice driver" just because they're in a new car? Idiot.

 

[Flying Dodo]

It is part of living in a country where the law values property over life.

That's one of the key issues, sadly. The other one is that 100 years of thousands of people dying each year in road "accidents" means an almost complete acceptance of those deaths as a normal thing.

If I swing a hammer around and accidently let go and kill someone, I'd probably be locked up. If my foot accidently slips on the accelerator and my car hits someone who dies, statistically it's very unlikely I'd suffer much of a penalty.

 

[glenn forger]

The scary thing is, this charge was decided upon because, guess what, juries are reluctant to convict under Death By Dangerous Driving. "There but for the grace of God".