- This topic has 34 replies, 19 voices, and was last updated 8 years ago by jambalaya.
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7 years for killing cyclist
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gobuchulFree Member
http://www.bbc.co.uk/news/uk-england-merseyside-32698516
The judge told him: “You struck the cyclist because of a gross level of avoidable distraction. No other sensible explanation is possible.
rhayterFull MemberStephen Thomas, defending, said Rollason, now of Bedworth, Warwickshire, had to move because of comments made to his children after the crash, though not by the victim’s family
So what? Is the Judge supposed to feel sorry for him? He killed someone and tried to cover it up! Doesn’t get much lower than that.
munrobikerFree MemberThat’s a pretty hefty sentence, it looks about right for the situation (based on the limited facts given). Hopefully a similar level of sentencing will start being used in the more explicitly dangerous cases.
northernmattFull MemberHopefully it’ll set a precedent for other cases. Would he have got 7 years if he’d stopped and not been an absolute scumbag though?
cloudnineFree MemberIs that statement attempting to draw sympathy for the killer..
Seems irrelevant to mention how hard done by the killers family are..What about the 3 fatherless children and widow..
cookeaaFull MemberDoes/should the sentence take account of his efforts to evade detection?
Is it 7 years for causing death by dangerous driving alone, or was the sentence “Harsher” because he left the scene, hid evidence and lied?
DezBFree Memberconvicted of causing death by dangerous driving.
Judge Andrew Menary, QC, said Rollason – who had admitted the lesser charge of causing death by careless drivingHow is there a difference? If you cause a death, the surely your carelessness is really rather dangerous.
The law on this is beyond me.aracerFree MemberI’m fairly sure the sentence does take those things into account – though also his previous convictions play a significant part.
DezBFree MemberIs it 7 years for causing death by dangerous driving alone, or was the sentence “Harsher” because he left the scene, hid evidence and lied?
He probably would have been let off if he’d turned himself in.
banned Rollason from driving for eight years and ordered the confiscation of the Astra.
Ah, the right to drive. Why should he ever be allowed to drive again? FFS.
munrobikerFree MemberIANAL but my interpretation is “dangerous” is more deliberate, whereas “careless” is negligent.
avdave2Full MemberThe difference is that at some time everyone including everyone on here is careless when driving, no one can possibly claim never to have been distracted while driving. Hopefully though most people don’t actually choose to be concentrating on something other than driving.
While this guy deserves everything he’s got and more his children have done nothing wrong and anyone who wants to give them a hard time is an arsehole of the highest order.amediasFree MemberMichael Rollason initially denied causing the death of Terry Brown, 47, on February 18 last year, but on the first day of the trial entered a guilty plea to the charge of causing death by careless driving.
^ this is what really irks me, deny deny deny, oh chance of being found out? try and get off on lesser sentence. I know its pretty much standard procedure and not specific to motoring offences but it still doesn’t sit well with me.
Along with not stopping and trying to hide it, it’s utterly horrible just how little respect he showed for another human being 🙁
I guess we’ll never know how the sentencing would have gone if he had stopped, I have my suspicions, but its whatabboutery so no point in getting het up something that is purely speculation.
Feel for both the family of the victim and the guys kids, there really are no winners in this situation 🙁
D0NKFull MemberHe probably would have been let off if he’d turned himself in.
aye stopping at the scene, apologising profusely, “sun in my eyes, cyclist veered out in front of me, blah blah” seems to result in a slap on the wrists.
If you cause a death, the surely your carelessness is really rather dangerous.
The law on this is beyond me.careless = “momentary inattention”, dangerous = doing something bloody stupid that was bound to cause an accident. Can’t remember if it was brought in to get more convictions for the lesser offence or allow harsher sentencing for more serious offences, but pretty sure it’s ended up with careless being used a lot even when dangerous would seem more appropriate.
ThePinksterFull MemberAt least he got 7 years – This one only got 12 months for the same thing!!!!!!
D0NKFull Member– This one only got 12 months for the same thing
careless < dangerous
aracerFree MemberIt’s a legal distinction. Careless driving falls below the standard of a careful and competent driver. Dangerous driving falls far below the standard of a careful and competent driver. The trouble there is the standard of competent driver applied by a typical jury member.
IMHO killing a vulnerable road user (also legally defined) where the victim has done nothing wrong should be regarded as dangerous driving by default.
aracerFree Membercareless < dangerous
[/quote]I think the point is that there’s no obvious difference between the cases which explains the lorry driver being found not guilty of dangerous driving. I would be amazed by that if it wasn’t that I’m so used to somebody driving over a cyclist not being considered to be far below the standard of a competent driver.
DezBFree Memberkilling a vulnerable road user (also legally defined) where the victim has done nothing wrong should be regarded as dangerous driving by default.
Exactly – as soon as your careless driving harms anything it should be (it IS) dangerous driving.
You can drive carelessly and knock over a wheelie bin. That isn’t dangerous.
You can drive carelessly and break a predestrian’s leg. Then it is dangerous.As I said, the law is beyond me.
ThePinksterFull Memberhow can not noticing you’ve driven over another road user be classed as careless rather than dangerous?
That sounds chuffin’ dangerous to me.
gobuchulFree MemberIMHO killing a vulnerable road user (also legally defined) where the victim has done nothing wrong should be regarded as dangerous driving by default.
Why? Serious questions. I am interested to know why you think that makes sense?
There are legal definitions of “careless” and “dangerous”.
As pointed out above, we have all been careless at some point whilst driving.
D0NKFull MemberI think the point is that there’s no obvious difference between the cases which explains the lorry driver being found not guilty of dangerous driving
yeah, merely pointing out the difference in sentencing was due to what he was found guilty of.
Not being found guilty by a jury of his peers is par for the course. What a jury will accept as not “falling below the standard of a careful and competent driver” is bloody scary.
DezBFree MemberWhy? Serious questions. I am interested to know why you think that makes sense?
Does this not make sense?
You can drive carelessly and knock over a wheelie bin. That isn’t dangerous.
You can drive carelessly and break a predestrian’s leg. Then it is dangerous.D0NKFull MemberI can see the point of careless/dangerous. In other areas of life you can harm people by negligence or by doing something you know is liable to cause harm. The level of punishment should reflect that, you still get into trouble for being negligent but a lot more trouble for being wilfully dangerous. Dangerous/careless while not the best wording covers that.
Unfortunately real world application of this often seems ridiculous
<Edit> just having a rethink about it. doing something careless in a big heavy fast moving metal box is arguably liable to cause harm so not sure I do agree 100% with the differentiation after all.
how can not noticing you’ve driven over another road user be classed as careless rather than dangerous?
well he was driving a HGV
[video]https://youtu.be/LYo3kORaXAo[/video]
(lorry driver kept his licence)
but don’t worry HGVs are perfectly suitable for public roads. The DfT says so.aracerFree MemberYep, and using those definitions, killing a vulnerable road user who isn’t doing anything wrong clearly falls far below the standard of a careful and competent driver.
kerleyFree MemberFor those confused by the definition you need to take the emotion out of it. There is no emotion in law, it needs to be as black and white as possible.
Comparing hitting a wheelie bin with hitting a pedestrian is a good example of this confusion. It doesn’t matter what they hit, it matters why they hit it.
What we are judging is the act not the outcome of the act. i.e. was the person driving carelessly not whether they killed anyone or not.
alisonsmilesFree MemberTerry was a member of my club. Hopefully some closure for his widow and children now. It is a minging bit of road and it was early morning dark and unpleasant weather when he was knocked off. It was on my lodger’s commute route and he avoided riding that bit, particularly after this.
gobuchulFree MemberDoes this not make sense?
You can drive carelessly and knock over a wheelie bin. That isn’t dangerous.
You can drive carelessly and break a predestrian’s leg. Then it is dangerous.You are confusing the outcome of someone’s behaviour, with their actual behaviour.
As said above you need to take the emotion out of it.
DezBFree MemberAnd for the 3rd time, the law is beyond me.
In my view, I’m not putting emotion into it, just logic.
thisisnotaspoonFree MemberThe distinction between careless and dangerous is (IIRC, IANAL) whther you make a mistake or continuously do it.
So the reason most convictions are careless is the difficulty in proving that the driver was repeatedly driving carelessly/dangerously. Obviously driving carelessly is dangerous, but the difference is whether you overtook too closely because you missjudged the situation (careless), or overtook too closely because that’s what you always do (dangerous).
jamesoFull MemberD0nk’s right. For reference below; the written law’s pretty simple here, the application and process seems to be the issue –
A person is to be regarded as driving dangerously for the purposes of sections 1 and 2 of the Road Traffic Act 1988 if
the way he/she drives falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous;[2] or
if it would be obvious to a competent and careful driver that driving the vehicle in its current state (for the purpose of the determination of which regard may be had to anything attached to or carried on or in it, and to the manner in which it is attached or carried) would be dangerous.[3]
In this context, “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.[4]The essential limbs, as is common ground, do not require any specific intent to drive dangerously. Section 2A sets out a wholly objective test. The concept of what is obvious to a careful driver places the question of what constitutes dangerous driving within the province of the jury.
So it could be ‘dangerous’ but the usual issue of likelihood of prosecution via jury who are probably ~80% drivers, or exact circumstance adding doubt may mean it becomes a ‘careless’ prosecution. I think it also depends on the events and mindset (ie intent or not) leading up to an incident and not or less on the actual result of the incident. That’s the bit that leas to so many calls of injustice related to RTIs and the point that people see driving as a normal risk when outcomes can be so tragic, yet it’s a massive cultural change to get people to accept higher risks and penalties for a daily ‘right’. A point that has been better-made before by others, but it always seems to come down to the same thing.
cookeaaFull MemberThe other issue is just how willing the CPS normally are to actually pursue a Dangerous driving charge, rather than let the defence barter them down with a Careless driving, guilty plea.
It’s ultimately down to how confident they really are in their case Vs the time and cost involved in prosecuting.It would seem in this instance the accused managed to go that, ill-defined, distance beyond the measure of “Careless driving”, but following, now standard practise, his defence still had to try the “Plead guilty to Careless driving trick” to minimise his sentence and it didn’t actually work for a change.
The definitions in law for these sort offenses of need tightening up IMO (IANAL)…
MoreCashThanDashFull MemberBased on the double standards of some forumites on the thread about the pedestrian killed by a cyclist, it’s probably just as well that the law removes emotion from the process.
And remember the CPS, judge and jury have the full facts. We don’t.
Refreshing to see a proper sentence. Be nice to see more like it.
StonerFree MemberAnother one.
Breaking news, will probably be lengthier report coming.http://courtnewsuk.co.uk/newsgallery/?public_id=40868
HOLBORN, CENTRAL LONDON; WALTHAMSTOW, POPLAR, EAST LONDON A ‘lawless and selfish’ trucker who has been banned from the road five times was today (thurs) jailed for three-and-a-half years for crushing a cyclist to death. Barry Meyer, 53, hit 51-year-old Alan Neve in his tipper truck and dragged him along the road in front of horrified pedestrians after ignoring a red light. Meyer was unlicensed and uninsured at the time. Mr Neve, a married father-of-one from Poplar and an auditor at the Performing Rights Society, had been travelling to work in Soho before the collision. – See more at: http://courtnewsuk.co.uk/newsgallery/?public_id=40868#sthash.dYLYrt4T.dpuf
EDIT: earlier reporting
http://www.standard.co.uk/news/london/lorry-driver-banned-from-the-roads-five-times-admits-jumping-red-light-and-killing-cyclist-10164566.html
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