CityCyclingEdinburgh Forum » General Edinburgh

Today's rubbish sentencing

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  1. Arellcat
    Moderator

    mental health problems, which included anxiety and depression

    If her condition was such as to lead to this kind of behaviour on the road, perhaps she should not have been driving.

    Torgerson was given a two-year sentence, suspended for two years. She will have to spend 30 days working with probation and she was banned from driving for two years and will have to take an extended re-test to get her licence back.

    Two. Years.

    If the cyclist isn't able to access PTSD therapy, the experience will stay with him an awful lot longer than that suspended jail sentence will stay with Torgerson.

    Posted 1 year ago #
  2. chdot
    Admin

    The police undertook a serious collision investigation and the Crown Prosecution Service subsequently prosecuted the defendant driver for careless driving. The driver pleaded guilty, yet despite the severity of the injuries caused, his licence was endorsed with just 5 points and he was only fined £146.

    Our client sustained severe brain injuries, facial fractures, ophthalmic and orthopaedic injuries and was in intensive care for several weeks. Four months after the accident, he moved back to his native South Korea so that his family could care for him.

    https://www.stewartslaw.com/news/settlement-secured-for-architect-who-sustained-life-changing-injuries/

    Posted 1 year ago #
  3. chdot
    Admin

    “Arrogant” speeding driver with drugs and alcohol in his system avoids jail for killing cyclist, as prosecutor says incident was “just below” dangerous driving threshold

    https://road.cc/content/news/speeding-drug-driver-avoids-jail-killing-cyclist-304839

    Posted 1 year ago #
  4. Frenchy
    Member

    I find this bit far more offensively lenient, to be honest: "banned from driving for three years"

    Posted 1 year ago #
  5. chdot
    Admin

  6. chdot
    Admin

    Not driving

    Just don’t understand the life/min 6 years

    Boyd-Stevenson pleaded guilty to one count of arson with recklessness as to whether life was endangered. His sentencing took place at Bristol Crown Court, where he was given a life sentence with a minimum term of six years.

    https://www.nationalworld.com/news/crime/bristol-fire-underfall-boat-yard-man-sentence-life-damage-4426160

    Posted 12 months ago #
  7. chdot
    Admin

    A DRUNK-DRIVER who knocked a cyclist off his bike and assaulted an emergency worker has narrowly avoided going to jail.

    https://www.southwalesargus.co.uk/news/23962878.bristol-woman-fled-scene-hitting-cyclist-caerphilly/

    Posted 11 months ago #
  8. ejstubbs
    Member

    How does an electronic tag monitor abstaining from drinking?

    Posted 11 months ago #
  9. Frenchy
    Member

    How does an electronic tag monitor abstaining from drinking?

    By measuring the wearer's sweat. BBC article from when they were piloted.

    Posted 11 months ago #
  10. chdot
    Admin

  11. chdot
    Admin

    A Lanarkshire grandmother who was freed from prison after colliding in her car with a mother and three children at a pedestrian crossing was told she is going back to jail today.

    Appeal judges rejected a legal challenge by Melanie Grierson against a one year term imposed on her in October after she was convicted of driving dangerously resulting in serious injury to the woman and one child and injury to the two other victims.

    https://www.glasgowlive.co.uk/news/lanarkshire-gran-freed-prison-after-28297884

    Posted 11 months ago #
  12. edinburgh87
    Member

    A “throw away the key” job I think

    https://www.edinburghlive.co.uk/news/edinburgh-news/east-lothian-driver-who-caused-28352241

    Posted 11 months ago #
  13. gembo
    Member

    He ain’t no relation of mine Rosco.

    Posted 11 months ago #
  14. edinburgh87
    Member

    Glad to hear it! Didn’t make connection on first reading.

    Posted 11 months ago #
  15. gembo
    Member

    A pal of mine, has a brother out that way - Tyninghame. Small community, big seismic shock to the community.

    Posted 11 months ago #
  16. edinburgh87
    Member

    I'll bet!

    Posted 11 months ago #
  17. chdot
    Admin

    https://www.west-midlands.police.uk/news/driver-jailed-year-causing-horror-crash-cyclist

    I won’t link to the bits of Twitter that say ‘shouldn’t have been jailed for an accident’…

    Posted 11 months ago #
  18. Murun Buchstansangur
    Member

    There seems little logic or consistency to sentencing of driving offences

    Contrast the above with

    https://road.cc/content/news/speeding-drug-driver-avoids-jail-killing-cyclist-304839

    Death of victim, drink & drugs ingested, speeding = suspended sentence

    https://road.cc/content/news/suspended-sentence-farce-says-family-killed-cyclist-300423

    Death of victim, pleaded not guilty, victim blaming = suspended sentence

    Posted 11 months ago #
  19. chdot
    Admin

    Don’t know about rubbish sentencing.

    Highlights difference between ‘deliberate’ and ‘only an accident, could happen to anyone’…

    https://www.theguardian.com/uk-news/2024/jan/02/cheshire-woman-found-guilty-of-after-running-over-fiance-in-fiesta

    Posted 10 months ago #
  20. chdot
    Admin

    A jury has found a delivery driver not guilty of causing death by careless driving following a trial that centred around the defence that the accused was unable to see the cyclist killed due to glare from the low sun.

    Christopher Morrison was found not guilty at Peterhead Sheriff Court on Friday

    https://road.cc/content/news/delivery-driver-who-hit-cyclist-found-not-guilty-306185

    Posted 10 months ago #
  21. chdot
    Admin

  22. Tulyar
    Member

    The offences of CDDD and CDCD came in in the 1950's or 1960's to 'soften the stigma for all those drivers facing manslaughter charges, and to possibly ease the burden on courts?

    I'd like to see killing people with cars treated in exactly the same way as killing people with any other machinery or objects - make all uniformly manslaughter unless the case can clearly be proved as murder (ie action with intent to kill)

    Not sure if Roman Law applying in Scotland, and several Traffic Laws separately defined, and applied for Scotland, woul mean that the Scottish Parliament can make such changes in Scotland

    It would be great if we could press change forwards through MSP's and Scottish Laws

    Some detail may need UK wide delivery

    One which might work could be to use Section 97 of Roads Scotland Act 1984 to argue that cycle deliveries (mainly fast food riders using illegal electric mopeds) and the sub 3.5 Ton vans used for supermarket deliveries, plus online orders, are classed as 'street trading' (commercial use of public roads) and Just Eat, Uber Eats, Deliveroo, Amazon, Yodel, Zedify, Delivery Mates, Evri etc all need to have a licence and keep records of vehicles and drivers operating for them, directly or as contractors

    Class B licences might move toward the same system as Class C,D,E licences where the divers have a 'tacho card' that is unique to the driver, and can limit the ability to drive a vehicle, as well as recording hours driven & speeds etc. Some Class D drivers (National Express contractors) have to do a breath test (Alco-Lock) before they can restart a coach to drive after a stop (this after a couple of notorious incidents with drivers of overnight services pulled over with passengers on board and over alcohol limit)

    For most modern cars with electronic vehicle management systems the retro enabling of speed controls, and driver i/d required to drive is possible, if the will is there (or law demands it...)

    Posted 9 months ago #

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