CityCyclingEdinburgh was launched on the 27th of October 2009 as "an experiment".
IT’S TRUE!
CCE is 16years old!
Well done to ALL posters
It soon became useful and entertaining. There are regular posters, people who add useful info occasionally and plenty more who drop by to watch. That's fine. If you want to add news/comments it's easy to register and become a member.
RULES No personal insults. No swearing.
Appears to have been a head-on collision due to the driver overtaking and at a junction to boot. How has this <rule 2> evaded being charged with Causing Death by Dangerous Driving? (Although culpable homicide would be a more appropriate charge in my book.)
RIP Gwyndaf.
I remember this incident and feared at the time that this was the cause of it. There should be zero need for overtaking on that road and even if it was essential there are clear sight lines at this point for half a mile ahead.
"BAZ" will probably get a 6 month ban and then be allowed back on the highway, whereas Gwyndaf's family have a lifetime ahead to miss him :(
"He is accused of failing to indicate, failing to maintain proper observations and driving into the path of Gwyndaf John, who was cycling on the opposing carriageway."
Like Murun Buchstansangur said - How the actual <rule 2> can driving head-on into someone travelling on the other side of the road simply be "death by careless driving"!?
The "no plea" may be a ploy, part of a tactic to plead guilty to a lesser offence?
From Sentencing council guidelines (my emphasis):
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The maximum prison sentence the court can impose for causing death by dangerous driving or careless driving under the influence of drink or drugs is 14 years; for causing death by careless or inconsiderate driving it is five years; and for causing death by driving whilst unlicensed, disqualified or uninsured it is two years. The maximum sentence is reserved for rare cases where blame is exceptionally high.
For some offences of causing death by careless or inconsiderate driving or causing death by driving whilst unlicensed, disqualified or uninsured where the offender is not considered to pose a danger of re-offending and the level of fault is low, a community sentence may be deemed a more effective form of punishment and rehabilitation than imprisonment. In some cases where the level of fault is very low the offender may be fined.
If the offender pleads guilty the sentence will be reduced by up to one third depending on how early the plea was made.
All sentences will include a minimum period of disqualification from driving followed by:
- a compulsory extended re-test for causing death by dangerous driving or careless driving while under the influence of drink or drugs; or
- a discretionary re-test for causing death by careless driving or while unlicensed, disqualified or uninsured.
The disqualification period runs from the sentencing, or enforcement if earlier (not from when an offender is released from prison).
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I thought entering no plea meant that either they're entering a not guilty plea by default or that they're not procedurally required to enter one at that stage?
"not procedurally required to enter one at that stage"
Indeed, but an early guilty plea might lead to a reduced sentence. So, no plea might indicate they are waiting to see what evidence there is before deciding on a plea. If lawyer reckons the evidence is slight, plea not guilty and hope to get off completely. If evidence looking more damning, try for a plea bargain to a milder charge sheet, try to cherry pick which offences you are guilty of. In return prosecution gets a quicker trial and sentencing and guaranteed conviction, even if not as punitive a sentence.
It's all pretty sickening. He didn't have an MOT so was presumably uninsured, although I don't think the penalties for that are particularly steep it does perhaps mean a jury would be less likely to consider him one of them.
Sentence and widow's response.
Sickening stuff.
Could't see the cyclist because of his dark clothing; sun so bright it dazzled him.
Sheriff a "keen cyclist".
His sentence is 225 hours of unpaid work; a strict home curfew for nine months, with an electronic tag, keeping him indoors from 9pm to 6am Monday to Friday and from 7pm until 7am at weekends; fined £1,275 for having no MoT on his Mercedes and illegal tinted windows.
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