Lady Justice Rafferty, Mr Justice MacKay and Judge Nicholas Loraine-Smith

[rowan 46]

it does not seem to me that a suspended sentence is particularly onerous to a person who is normally law abiding. If they can keep their nose clean for the required period no further action is taken. What's the problem with that? The guy after all killed a father of 4 and a husband albeit accidentally then turned round and said being good for 2 years is too high a price to pay for that. If anybody really believes that a life isn't worth 2 years good behaviour then that really is sad.

 

[400bhp]

What a desperately sad and scary comment. Common decency is now only easy behind a computer keyboard.

Meanwhile, back in reality...

 

[Livefast123]

Sounds to me that he had a clever legal representative He pleaded guilty to the offence to appease the court and get the statutory reduction in sentence for a guilty plea. Then when he had been given the mickey mouse sentence for pleading guilty he appealed the already reduced punishment......clever.

I see road death a few times a week and 99.9 % are not unavoidable accidents, they are collisions caused by somebody not paying attention to their driving or driving far beyond their level of skill. Looking down at the heater controls for long enough not to notice a stopped vehicle is far more than a momentary lapse.....

He chose to divert his attention so he should be man enough to take the concequences after ruining a whole families life.

 

[400bhp]

I see road death a few times a week

So, more than 150 per year.

Almost 7% of total UK road deaths.

 

[lukesdad]

Sounds to me that he had a clever legal representative He pleaded guilty to the offence to appease the court and get the statutory reduction in sentence for a guilty plea. Then when he had been given the mickey mouse sentence for pleading guilty he appealed the already reduced punishment......clever.

I see road death a few times a week and 99.9 % are not unavoidable accidents, they are collisions caused by somebody not paying attention to their driving or driving far beyond their level of skill. Looking down at the heater controls for long enough not to notice a stopped vehicle is far more than a momentary lapse.....

He chose to divert his attention so he should be man enough to take the concequences after ruining a whole families life.

Sentence on appeal can be increased too dont forget.

 

[CopperCyclist]

So, more than 150 per year.

Almost 7% of total UK road deaths.

Yeah I was going to say that - where the bloody hell do you live/work? I live in a large city, and off the top of my head would think we get about five to six fatals a year, and of them I'll see perhaps one?

 

[apollo179]

it does not seem to me that a suspended sentence is particularly onerous to a person who is normally law abiding. If they can keep their nose clean for the required period no further action is taken. What's the problem with that? The guy after all killed a father of 4 and a husband albeit accidentally then turned round and said being good for 2 years is too high a price to pay for that. If anybody really believes that a life isn't worth 2 years good behaviour then that really is sad.

But the main point is that if you kill someone even by accident due to your own avoidable selfish stupidity then you should be appropriately punished. Not rehabilitated , punished.
Id let a few rioters jailed for stealing trainers out and jail this driver for 2 years.
(i think this agrees with you rowan)

 

[totallyfixed]

I guess from the courts point of view it comes down to whether the driver was intentionally driving recklessly. Hard to comment on this one because I know I have been guilty over the years of having momentary lapses of concentration, certainly on my bike resulting in injuries to myself. Much easier these days to lose concentration in a car with the multitude of distractions they are equipped with. Seems to me at least there is one such device that encourages your concentration to be elsewhere, SatNav.

 

[mr_cellophane]

Looking down at the heater controls for long enough not to notice a stopped vehicle is far more than a momentary lapse.....

+1
It only needs a fraction of a second glance to coordinate hand/knob (oh err). Then eyes back on the road while you adjust the controls. Too often see people who are turning their heads to look at something inside the car.

 

[apollo179]

I guess from the courts point of view it comes down to whether the driver was intentionally driving recklessly. Hard to comment on this one because I know I have been guilty over the years of having momentary lapses of concentration, certainly on my bike resulting in injuries to myself. Much easier these days to lose concentration in a car with the multitude of distractions they are equipped with. Seems to me at least there is one such device that encourages your concentration to be elsewhere, SatNav.

Hey were all guilty of momentary lapses of concentration and 99.9% of the time its harmless but when you take that chance and it results in consequences then you are responsible. If you run into the back of the car in front you are responsible for his/her repair bill. If you kill somebody you are responsible for the death of that individual.
The defence here that it was just bad luck and could happen to anyone dosnt cut it for me - yes it could happen to anybody and when it does happen the unlucky individual (not as unlucky as the dead individual) should be made to take responsibility and be punished. And 2 years is nothing.

 

[upsidedown]

Another one:

A tired Brierley Hill driver who caused a crash which killed a motorcyclist has been jailed.
Xxx's barrister claimed her client momentarily lost concentration before his X type Jaguar drifted onto the wrong side of Portway Road and hit xxx head on.
Xxx drove off in "panic" and was only found after police launched an appeal to find the damaged car.
He admitted after his arrest he had downed two bottles of Jamaican stout prior to the fatal smash.
As he caged xxx for two years the judge said "I have come to the conclusion you drove the way you did because you were too tired. the fact is you should not have driven in that state."

Stourbridge News 20th October.


So another momentary lapse of concentration. Two years prison. Do you reckon it's the first time he'd driven in that state and was unlucky enough to kill somebody ?

 

[apollo179]

Another one:

A tired Brierley Hill driver who caused a crash which killed a motorcyclist has been jailed.
Xxx's barrister claimed her client momentarily lost concentration before his X type Jaguar drifted onto the wrong side of Portway Road and hit xxx head on.
Xxx drove off in "panic" and was only found after police launched an appeal to find the damaged car.
He admitted after his arrest he had downed two bottles of Jamaican stout prior to the fatal smash.
As he caged xxx for two years the judge said "I have come to the conclusion you drove the way you did because you were too tired. the fact is you should not have driven in that state."

Stourbridge News 20th October.


So another momentary lapse of concentration. Two years prison. Do you reckon it's the first time he'd driven in that state and was unlucky enough to kill somebody ?

The understanding being that he fled the scene because he was drunk. Tired ?
Would he have got more than 2 years if he had been confirmed drunk at the scene - if so in only sentencing to 2 years it is encouraging other drunk drivers to scarper and surface when sobered up.