I'm not saying she should have been jailed for longer. Looks to me like simply a case of bad driving rather than being reckless or dangerous per se, and she didn't flee the scene. My issue is contrast this with Kevin Johnson
who only got a one year community order for killing a cyclist, who drove off with the caved in windscreen and obviously lied about thinking he hit a deer.
And that fixed gear cyclist Charlie Alliston got 18 months for killing that woman crossing the road. Personally he came across as a cock but was only doing 18 mph and it's very doubtful a front brake would have done much good.
All seems very inconsistent.
Looks to me like simply a case of bad driving rather than being reckless or dangerous per se, and she didn’t flee the scene.
If charging into a roundabout when everyone else has stopped to allow a cyclist to pass, and then hitting said cyclist doesn't count as dangerous in your book, what does?
I mean surely if everyone but you has spotted a hazard and used their brakes the measure of "far below the expected standard" is a pretty straight forwards comparison with all the other drivers at the scene...
Of course as ever, not all the facts, devil's in the details, none of us were in court, etc, etc...
As for the comparisons with other cases, it simply highlights the lack of consistency, and application of guidance for different judges in different areas when sentencing for RTCs...
8 months for killing someone with a car, it's not bad really is it? you'd struggle to get a lighter sentence using any other weapon. If I was looking to kill somebody it's probably the method least likely to result in a significant amount of prison time.
Is the story being covered by anyone other than the Daily Hate?
I think you'll find that if you unintentionally killed someone by dangerous use of any other big piece of machinery, 8 months would probably be the going rate. I might not agree with the way the laws are enforced but at least some basic legal understanding keeps my reactions semi rational.
I think it's fair to make the comparison. Mr Johnson's advocate played all the mitigations and clearly got a gullible / sympathetic judge who accepted them all.
Ms Samuels was not so lucky, and the circumstances made it difficult to argue that poor lighting, dark clothing etc. made a difference.
Mr Allison was a different charge, so you shouldn't necessarily expect sentencing to follow, but he showed no remorse and his actions were (argued to be) a result of a positive decision not momentary a lapse of judgement. All hangs on whether you consider his cycling to equivalent to careless or dangerous driving. As has been said many times before I would consider 10kg bike to require less care than 1000kg car, but the court clearly disagrees.
