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news
Justice (Lonpicman, Wikimedia Commons)Motorist who claimed he was blinded by sun jailed for three years for killing cyclist
The motorist who claimed that dazzling sunlight caused the collision that resulted in the death of David Cox in Kent has been found guilty of causing death by careless driving, reports Kent Online. Dean Thomas, who was found to have traces of cocaine in his body, was handed a three-year jail sentence and banned from driving for four-and-a-half years.
71-year-old Cox was hit on a roundabout on Old Thanet Way in Herne Bay on January 28, 2018. He suffered serious head injuries and died at London’s King’s College Hospital 12 days later.
Canterbury Crown Court was shown dash cam footage from a witness’s vehicle which showed Thomas entering the roundabout without stopping.
In a police interview, the driver said that the sun had hindered visibility and that the road appeared clear. Forensic investigator PC Youngs said that this was not the case and that lighting conditions could in fact have meant that the cyclist was “more detectable”.
Youngs also said that the car’s A-frame could cause a blind spot and Thomas's defence barrister said Cox was in this position for "three crucial seconds".
“But the jury decided that you were to blame," said Judge Catherine Brown. "You approached this roundabout at 21mph and didn’t slow down or stop.
“You did not see this cycle and you claimed you were blinded by the sun. But you drove into the roundabout far too fast without giving yourself the chance to check it was safe to enter.”
After sentencing, investigating officer PC Natalie Rowley commented: "A series of bad and selfish decisions made by Dean Thomas has caused a family to lose their father and grandfather. It’s a fact he will have to face, that he is responsible for causing that.
"Lives have been ruined, and I hope it serves as a lesson to anyone who is considering mixing drugs and driving, or driving when they know they are too tired to give their full focus to the road ahead. My thoughts are with Mr Cox’s family and I thank them for their support in this case."
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
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Sun was in his eyes? Should have given his name as Prince Phillip, oh sorry, off you go your highness.....
You'd think that "the sun was in my eyes so I couldn't see properly" would make you drive *more* carefully, not less...?
For a moment there, I found myself thinking, "at last, jail time, a proper sentence".
Shows how low my expectations are of our justice system.
Judge says "You approached this roundabout at 21mph and didn’t slow down or stop"
which should have been, 'you appraoched the roundabout and didn't give a fuck about anyone elses safety, did not pay an iota of thought to slow"
Yet again reckless/dangerous actions that are demoted to the lesser charge of careless. The CPS and the powers that be fucked us over well and truly by bringing this level of charge to be introduced, instead of addressing the core issue as to why motorists not finding other motorists guilty of death by dangerous driving when it was patently obvious that it was dangerous by definition of there being a death and the deceased not doing anything wrong. :SLOW HANDCLAP:
It would make more sense were sentences to start at the maximum, with the judge obliged to say why they are chosing to reduce or suspend the sentence, rather than the current vague system.
Well, at least the jury didn't buy the "sun was in my eyes" defence, so that's something, but the sentence? Reading the sentencing guidelines, the maximum could have been 14 years, if the court decided that the driver was under the influence of cocaine, or five years if not.
There doesn't appear to be a shred of mitigation, and some deliberate attempts to avoid responsibility, so why didn't he get the maximum? And the driving ban isn't that long either, but I'm hoping that he'll have to pass an extended test before being allowed to drive again.
https://www.sentencingcouncil.org.uk/wp-content/uploads/FINAL-Death-by-d...
At Burt, i've mentioned this before, but i'll mention it again.
A few years ago now (maybe 3), i lived in Eastbourne. At the time there was a bloke, who had taken a bucket load of coke, went driving, hit a car on the wrong side of the road. Killed both occupants. And did a runner. I think the car was either uninsured or stolen as well. Anyway, he only got something like 8 years (sentences to run concurrently). I was incensed by the whole thing and wondered what it would take to get the full 14 years. So i wrote to the Minister of Justice (?) and asked whether anyone had ever received the full 14 years (no they hadn't) and what would it take to get (he couldn't give me an answer). i was disappointed.
just found the link. apparently only 6 years https://www.eastbourneherald.co.uk/news/breaking-intoxicated-driver-jail...
[/quote]
I think the car was either uninsured or stolen as well. Anyway, he only got something like 8 years (sentences to run concurrently). I was incensed by the whole thing and wondered what it would take to get the full 14 years. So i wrote to the Minister of Justice (?) and asked whether anyone had ever received the full 14 years (no they hadn't) and what would it take to get (he couldn't give me an answer). i was disappointed.
[/quote]
14 years is reserved for terrorist driving over 100mph into a group of 50 MPs on a charity ride and then driving off
"Dean Thomas has caused a family to lose their father and grandfather. It’s a fact he will have to face, that he is responsible for causing that."
Sadly I can't imagine he gives a flying f-k. Or, at least, he didn't while he as being told by his defense team that saying you couldn't see where you were going gets you off the charge...I wonder if he'll come out a changed man
"Yes M'lud, that's what we are saying. My client was blinded by the sun and therefore unable to see, so decided the best option was to continue driving at the same speed and take no account of reduced visibility... and No M'lud, the white powder under his nose has no relevance to the case whatsoever"
Belief = Beggered
He is in jail for 3 years.
It doesn't say he was under the influence of the drugs but that traces of drugs were found in his system. Cocaine apparently shows up for 2-4 days after use.
If traces were found in his system then he was under the influence, that's just how the body/brain works. The significance of the influence is another matter.
Good behaviour and he will be out in 18months.....
I suppose the sentence is higher than most, but I don't think that detracts from the overall levels being below what seems right.