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Cyclist death_HGV driver gets suspended sentance

by sara d
Fri, Jun 19, 2015 20:03
6

I have had to come on here to write about this.

A year ago my uncle was knocked off his bike by a HGV.Initially it was thought to bt hit and run but as time as gone on the driver says he never saw my uncle.Yesterday he was sentanced to 26 weeks suspended prison sentance and 200 hours community service.

To say my family are disheartened by the law is an understatement.The police have done a brillant job,but the courts not so much.My family had to sit through what can only be described as apparent support for the accused.He is a good man,a pillar of the community,his wife has depression-i have no doubt he was a good man but now he has killed someone.HIs reason for hitting my uncle was he MIGHT have been dazzled by oncoming traffic ( we were never told there was any -it was 3.40am).My guess he was asleep as he had 7-14 seconds to view my uncle.

To sum up my family feel the sentance was wrong and anybody who kills should serve time.We are further angered as we are fighting his insurance company who feel they shouldnt pay out to non dependants (sisters and brother do not count),whilst the accused now gets "7 sessions of a positive thinking activity" I dont know what that is either.We get no further support (i will say our police liason has been brilliant but no longer is assigned to us as the case is over)and feel at a loss.

Are we the only ones who think the law is extremely messed up?

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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6 comments

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Bez | 9 years ago
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You're not the only ones who think the law is messed up. Worse, your case is far from the only one that would appear to many to be highly partisan. Here are two more, one which shows the startling imbalance of analysis in court and one which shows that even with apparently compelling evidence, the CPS will fail to present a robust case and the jury will fail to find any blame:

https://beyondthekerb.wordpress.com/2014/02/12/futility/
https://beyondthekerb.wordpress.com/2015/03/23/somethings-seriously-wron...

Those are the only two cases for which I've seen reasonably detailed notes made from court attendees, but there are precious few cases which go against what seems to be a strong pattern of similar issues.

You have all our sympathies, because we all hope that our families will never be in your position. It's all too apparent that it's a position that's usually made far worse than it needs to be.

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sara d | 9 years ago
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Thank you all very much for the support and advice.The story regarding the 92 year old pensioner is very similar, but I have to say if we had recieved a personal apology we may have accepted it a bit better.We had the standard one through his solicitor, but not he or one member of his family could even look at us.To me that speaks volumes about the type of person he is.Sorry do feel I am ranting, but i know that on behalf of my family, we would like what we think to be put out there. Again thank you all for the advice and support and it is nice to know there are understanding people in the world.

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Simon E | 9 years ago
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Sara, this outcome must be heartbreaking for your family. I also live in Shrewsbury and know the road well so this incident really hit a nerve.

RoadPeace, the CTC and other groups are trying hard to fight for justice for victims (http://www.roadjustice.org.uk/) but it is a long, slow process. RoadPeace may be able to to support you in some way, see http://www.roadpeace.org/

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bobinski | 9 years ago
0 likes

Thank you for coming here to voice your feelings Sara at this very difficult time.

Yes, in many ways the law is am Ass.

You may be able to challenge the sentence. You should look into that once you have got over the shock and disappointment of the sentence.

Best wishes
Bob

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Joeinpoole | 9 years ago
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Hi Sara. No you are not the only one who thinks the law is messed up. It is quite bizarre that you can kill someone with a motor vehicle and not go to jail for it. Juries tend to side with motorists and, even when they are found guilty (usually of lesser charges), the courts are restricted in the sentences they can hand down.

There's a similar case here where a woman knocked down a 92 year old pensioner, who eventually died from his injuries, whilst emerging from a petrol station. She didn't even stop and, when later apprehended by the police, claimed she thought she'd knocked a bollard. She didn't go to jail either;

http://www.bournemouthecho.co.uk/news/13343063.Driver_responsible_for_Sp...

Really sorry for your loss and the disgusting court outcome.

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Jeffmcguinness | 9 years ago
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That's so tough for you and your family - you have my deepest sympathy. The law can never serve 'true' justice in that sort of circumstance, but when it doesn't seem to even come close it can be hard to bear.

You'll find that most people on this site are fully supportive of you and your family and would agree that the law needs strengthened to support cyclists.

I hope that you find some comfort in that.

Take care.
Jeff

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