I was told this story recently by a close friend of the driver concerned. I think it illustrates how difficult achieving justice is.
Long post but its a complex situation
The driver was a professional driver - well trained and experienced with a good record. Travelling on a suburban road at 3.30 in winter heading west - so directly into the setting sun. Sober, not speeding, not on phone or distracted in any way, She made a right turn and hit a cyclist that she simply did not see. Experienced cyclist wearing reflective / dayglo kit and with lights. I know the road in question and it has groups of trees on it some overhanging the road. Presumably the cyclist was in a patch of shade and the driver simply did not see them in the glare.
Cyclist gets a moderate head injury and other moderate bumps and bruises - nothing life threatening. Goes to hospital. 3 weeks later the cyclist has a complication - blood clot on the lung and dies. This is very unexpected he was improving.
Driver is charged with death by dangerous driving ( might be reckless I am not sure) Suspended from work.
This is two years ago.
Driver is traumatised. Unable to return to work, loses job. Unable to pay for house, loses house. Is treated for PTSD from a consultant psychiatrist, on the verge of being sectioned. For two years has the risk of going to jail hanging over her. This is a middle-aged woman with no previous record.
What is the fair punishment / sentence for her?
She made a mistake that cost a cyclist a life. She was not drunk or speeding or anything else against the law
It has had serious effects on her as well that will last the rest of her life
Usually when these sorts of case are discussed on there there is a lot of kneejerk " hangings too good for them" " how to get away with murder - use a car to kill a cyclist"
I thought this example was a useful way of illustrating that its not always so clear cut what justice is.
This woman made a mistake and killed a cyclist. what is the appropriate sentence?