CityCyclingEdinburgh Forum » Cycling News
judge-cites-lack-of-bike-helmet-as-contributory-factor-in-death-crash/
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Posted 11 years ago #
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The following comment can be attributed to a Crown Office spokesperson:"Crown Counsel will give careful consideration as to whether the sentence was unduly lenient."
Background
In cases of a serious nature such as this, Crown Counsel will often consider whether the sentence imposed is within the range available to the sheriff in the exercise of his or her discretion. The fact that this is done should not, in advance of any decision on the matter by Crown Counsel, be taken as indicating a view that the sentence is unduly lenient. It would not be appropriate to comment further at this stage."
Posted 11 years ago # -
@chdot, where did you obtain that comment?
Posted 11 years ago # -
CO response to press enquiries.
Posted 11 years ago # -
Sentencing guidelines available to download here:
http://sentencingcouncil.judiciary.gov.uk/docs/web_causing_death_by_driving_definitive_guideline.pdf
Seems to me the Sheriff chose to ignore the following aggravating factors:
- victim was a vulnerable road user
- offender had a nearly identical previous convictionSheriff also chose to factor in the mitigating factors:
- "genuine" remorse
- "suffering" of offender following offence
- victim apparently contributing to the commission of the offence?Maybe the mitigating factors outweighed the aggravating factors, but I'd say that judgement is pretty subjective, whereas the aggravating factors were plainly evident.
Therefore the sentence given is for "Careless or inconsiderate driving arising from momentary inattention with no aggravating factors", which is Community Order plus driving ban.
Arguably Sheriff ought to have sentenced for "Other cases of careless or inconsiderate driving", which is 36 weeks cutody up to 2 years.
Posted 11 years ago # -
Audrey Fyfe was the second cyclist this man has killed.
At only 49 I would say he is not safe to be on the road.
And, the story with comment from the family of the first man he killed, you can see what a devastating effect it had on them at the time, only for it to occur a second time.
Posted 11 years ago # -
Original story and other, recent comments -
Posted 11 years ago # -
Will the PoP be passing the Sherriff's Court? Perhaps we ought to mark it in some way with some sort of protest within a protest? A mass removal of helmets (if worn) as we pass?
Posted 11 years ago # -
I was very nearly on the jury for this case, I can say that when McCourt first came into the court he showed absolutely remorse. He looked at the potential jurors with total defiance as the plea of not guilty was read out in response to the charge.
Posted 11 years ago # -
@ stiltskin: a mass removal of hi-viz and helmets for the whole of PoP would make for much better photos, get the wider public to see us as people...
Posted 11 years ago # -
Kim - I think your anger has affected your typing - can you still edit your post - should read absolutely no remorse I think.
Posted 11 years ago # -
Posted 11 years ago #
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@crowriver - those sentencing guidelines are for English courts. Different system up here (ref. early on to CPS rather than PF; and huge swathes of the Criminal Justice Act 2003 don't apply in Scotland).
Posted 11 years ago # -
Posted 11 years ago #
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@WC, I thought that too, and yet I've seen public statements by Scottish judges saying they refer to sentencing guidelines from the sentencing council (can't find the link just now). It appears the Scottish sentencing council hasn't yet been set up (despite legislation in 2010 allowing this), or if it has it must operate under conditions of extreme secrecy.
The legislation those guidelines I posted apply to is from 1988, so perhaps they do cover Scotland?
In this case, Sheriff James Scott claimed he was "following guidelines laid down by the Criminal Court of Appeal".
Anyone know which guidelines he is referring to?
Posted 11 years ago # -
From an APPEAL COURT, HIGH COURT OF JUSTICIARY case earlier this year: "In her report to this court, the sentencing judge explains that in selecting the starting point for the sentence of imprisonment on charge (2) she had regard to the Definitive Guideline entitled "Causing Death by Driving" issued by the Sentencing Guidelines Council in England and Wales. The contents of the Definitive Guideline are commonly taken into account by judges when imposing sentence in road traffic cases in Scotland. Such reliance on the Definitive Guideline by sentencing judges has been approved by this court."
http://www.scotcourts.gov.uk/opinions/2013HCJAC12A.htmlPosted 11 years ago # -
Comments are allowed. MUST NOT LOOK.........
Posted 11 years ago # -
Daughter of cyclist Audrey Fyfe calls for tougher sentences
http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-22410799
Posted 11 years ago # -
Posted 11 years ago # -
@slowcoach, thanks. That was the link I was referring to. So, in effect, Scottish courts are following the guidance used in England & Wales. Presumably because they haven't bothered to set up a Scottish Senstencing Council as yet?
Posted 11 years ago # -
Posted 11 years ago #
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Evening News Editorial Leader: ‘Five-year ban doesn’t feel like justice’
Posted 11 years ago # -
I was stunned to see the EEN front page in a shop earlier - they have printed exactly what I think - on the front page - the leader article crowriver posted is, again very strongly supportive - and does not echo the judges nonsense re helmets.
Its like they have been hacked by a cyclist.
Or is this evidence of a positive editorial stance change?
Posted 11 years ago # -
To be fair, the EEN have been covering the trial throughout April. The sheer injustice of what has happened clearly outraged many, including the editor of the paper.
Posted 11 years ago # -
@stiltskin
Excellent idea to protest about helmets within POP.
Can you imagine 1000s of people smashing up their helmets outside the Sheriff's office?
Everyone bring a hammer and a helmet - job done!
Posted 11 years ago # -
I think a mass helmet smashing is a spiffing idea, but unless you have an intense personal dislike of me(I'm head marshal of POP2 and my name is on legally binding things) I would prefer, to put it mildly, that this protest wasn't part of ours.
Posted 11 years ago # -
+1
I'm all for a helmet smashing protest, however I also think it should be entirely separate from the POP ride. (As in on a different day)I also hope that everyone will consider writing to press and politicians over the appalling facts around the judgement discussed in the thread above.
Posted 11 years ago # -
Quote from the EEN
"McCourt may be allowed to drive again but we sincerely hope he does not decide to renew his licence".
Amen to that.
Of course, he will renew his licence, can you imagine this man getting a bus once his ban is over. It is going to hurt him for the next five years. In the first case he was driving without a licence or insurance and he was aged 22, so in the interim he must have sat a test, in spite of the fact that he had already killed someone on the road.
Let's hope that the sentence is looked at and overturned and that he is banned for life.
Posted 11 years ago # -
It does seem that Sherriff Scott believes a licence is for life, not just for Christmas.
What would you have to do to lose your licence?
Posted 11 years ago #
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