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[Closed] Why?

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http://www.bbc.co.uk/news/uk-england-hampshire-37975561

Van driver gets 9 years for causing death by dangerous driving; (at least) six previous convictions for using phone while 'at the wheel'.

Now granted leave to challenge his conviction - WTF?

Anyone agree with this?


 
Posted : 14/11/2016 2:53 pm
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That he's allowed to challenge it? Sure, that's how our justice system works is it not?

That he should win? No, of course not, should've lost his licence after the second or third conviction.


 
Posted : 14/11/2016 3:00 pm
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Gard was banned from driving for 14-and-a-half years when he was jailed

That's an odd length of time. Why such an exact figure I wonder, and not say 15 years? (Was the "accident" six months ago?)


 
Posted : 14/11/2016 3:03 pm
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It looks more like a reporting mistake.

From the mirror:

Gard will be considered for parole after serving half of the sentence and the term would be followed by a four-and-a-half year disqualification.


 
Posted : 14/11/2016 3:07 pm
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Cougar +1


 
Posted : 14/11/2016 3:07 pm
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@cougar; you're right about his right to seek an appeal - i didn't articulate particularly clearly.
His appeal should be rejected and, possibly, the court should increase his sentence to the maximum allowed of fourteen and a half.
Might be appropriate to ask whether any of the magistrates involved in his previous convictions have been subject to any form of 'sanction' (wrong word i know but you get my meaning) or further training.


 
Posted : 14/11/2016 5:10 pm
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I think reason magistrates never side with the cyclists is due to them not being able to ride bikes as it messes up their wigs.


 
Posted : 14/11/2016 5:13 pm
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Would be interesting to hear from any forum members who are present or past magistrates.


 
Posted : 14/11/2016 5:31 pm
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It's widely agreed that using a phone while driving is dangerous and has contributed to a high number of accidents with serious outcomes. The main question to ask is why does it not come with a higher penalty on the first offence? Something similar to the penalty for drink-driving would deter people from picking up their mobile while driving.


 
Posted : 14/11/2016 5:39 pm
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How often must you be using a mobile of you've been caught 6 times? He must have been on it every time he got behind the wheel.


 
Posted : 14/11/2016 5:42 pm
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It's widely agreed that using a phone while driving is dangerous and has contributed to a high number of accidents with serious outcomes. The main question to ask is why does it not come with a higher penalty on the first offence?
Agree. I can understand a momentary lapse of concentration that could cause accident could be excused but using a phone is a very deliberate and purposeful act so easy to not do. I'd like to see a short ban, maybe 1 week. Enough to make you think but not enough to cause great hardship.


 
Posted : 14/11/2016 5:48 pm
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We've had many decades of people arguing that punishing criminals is wrong and doesn't help them reform and become productive members of society. Punishment has become a dirty word.

We now therefore have a [s]justice[/s] legal system that is based more around the needs of the offender than the victims and victims-to-be.


 
Posted : 14/11/2016 5:49 pm