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Bristol tandem hit and run driver charged with two counts of causing death by dangerous driving

Man charged over deaths of tandem riding couple

The man arrested by police after he handed himself in at a Bristol police station following the deaths of a couple riding a tandem in an incident on the outskirts of Bristol has been charged with two counts causing death by dangerous driving and will appear before North Avon Magistrates Court on Wednesday 30th of January.

38-year-old Nicholas Lovell has also been charged with driving while disqualified, driving without insurance, and leaving the scene of an accident.

Ross and Clare Simons who had been married for 18 months were killed on Sunday afternoon in Hanham on the eastern fringes of the city when the tandem they were riding was struck by a citroen car in the Lower Hanham Road, they both died at the scene from their injuries.

On Monday Avon and Somerset Police confirmed that not long before the fatal collision a patrol car had asked the driver of the Citroen involved to pull over, but he had refused to do so instead driving off. According to the police the officer then followed the vehicle but almost immediately lost sight of it and was not in pursuit of it when the fatal collision occurred.

A 35 year old woman also arrested in connection with this collision remains on police bail.

road.cc's founder and first editor, nowadays to be found riding a spreadsheet. Tony's journey in cycling media started in 1997 as production editor and then deputy editor of Total Bike, acting editor of Total Mountain Bike and then seven years as editor of Cycling Plus. He launched his first cycling website - the Cycling Plus Forum at the turn of the century. In 2006 he left C+ to head up the launch team for Bike Radar which he edited until 2008, when he co-launched the multi-award winning road.cc - finally handing on the reins in 2021 to Jack Sexty. His favourite ride is his ‘commute’ - which he does most days inc weekends and he’s been cycle-commuting since 1994. His favourite bikes are titanium and have disc brakes, though he'd like to own a carbon bike one day.

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18 comments

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qwerky | 11 years ago
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Even if it's level 3, the starting point is 3 years and the sentencing range is 2-5 years. Also at least half the the aggrevating factors come in to play;

- More than one person killed as a result of the offence
- Other offences committed at the same time, such as driving other than in accordance with the terms of a valid licence; driving while disqualified
- The offender's irresponsible behaviour such as failing to stop
- Driving off in an attempt to avoid detection or apprehension

Dispite this I'm betting on 18 months, out in less than a year with 'good behaviour'. Of course, this all depends of the CPS managing to obtain a conviction.

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The Rumpo Kid | 11 years ago
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Can anyone explain why there is even an offence called "Causing death by dangerous driving"? In France the charge would be manslaughter. In this country causing death by act or omission, but without malice aforethought, is a lesser offence if driving a car at the time!

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JonD | 11 years ago
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Even if level3, there's several of the aggravating factors covered.

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Stumps | 11 years ago
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bikecellar, basically it can happen that way. To save money and time on a trial the barristers will sit down and try to come to some arrangement whereby he pleads to the main offence and the cps will "offer no evidence" in the other lesser charges.

This only happens though if he pleads and then its upto the barristers to argue over mitigation with the judge.

Gkam - if he got 5 years for each death they may run concurrently (both at the same time) so he will be out in 2.5 years but hopefully the judge will give him consecutively which run one after the other so he will do 5 years. This is just presumption that he gets 5 years of course, he may get more or less.

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bikecellar | 11 years ago
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Do I get this right? although this guy seems to tick all the boxes for level 1 if his defense plea bargains the lesser offences against the greater offence then the lesser offences don't count and so he will drop to level 2 or 3?
My wife and I have been tandemists since 1982 I tried to keep this incident from her as she has become increasingly nervous over recent years with regard to the deteriorating behavior of many road users, hopefully she will continue to enjoy cycling with me despite this terrible event.
We must not let ourselves be deterred.

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b3nharris | 11 years ago
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Some of the earlier reports suggested he was deliberately targeting pedestrians. Surely that goes beyond dangerous driving and is at the very least manslaughter?

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Gkam84 | 11 years ago
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It should be level 1, but as with anything, some parts will be dropped.

SO level 2 would be 10 years minimum (5 for each death) but he'd be out in 5.....I want to see LIFE, its murder in my eyes

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Stumps | 11 years ago
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Some of the "lesser" charges will no doubt be dropped if he pleads guilty to the more serious offence, it's basically plea bargaining that goes on before each and every case between cps and defence barristers.

If he pleads guilty to death by dangerous they will have agreed to push for the lesser sentencing as stated above (level 3).

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mrmo | 11 years ago
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http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/death_by_dangerous_driving/

well here are the CPS guidelines for death by dangerous driving,

Who wants to place bets on Level 3 being applicable.

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Mostyn replied to mrmo | 11 years ago
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mrmo wrote:

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/death_by_dangerous_driving/

well here are the CPS guidelines for death by dangerous driving,

Who wants to place bets on Level 3 being applicable.

Level 3, ? Surely Not? Has to be Level 1, given all the factors. makes me feel nauseous just thinking about what this low life has done.

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notfastenough | 11 years ago
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I suspect this guy will do at least a reasonable amount of time, because 1. he's been charged with death by dangerous driving, which is not usually applied to the majority of other cases that are reported here and which end with a slap on the wrist, and 2. in those other cases, as has already been discussed in other threads, there is probably an element of "that could be me" when typically law-abiding people simply don't look/see/consider other road users, but those same jurors/judges can't relate to the array of wreckless behaviour shown by this clown in the build-up to the crash.

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Mostyn replied to notfastenough | 11 years ago
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notfastenough wrote:

I suspect this guy will do at least a reasonable amount of time, because 1. he's been charged with death by dangerous driving, which is not usually applied to the majority of other cases that are reported here and which end with a slap on the wrist, and 2. in those other cases, as has already been discussed in other threads, there is probably an element of "that could be me" when typically law-abiding people simply don't look/see/consider other road users, but those same jurors/judges can't relate to the array of wreckless behaviour shown by this clown in the build-up to the crash.

I'm hoping your correct; and this time the punishment does fit the crime!

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formereve | 11 years ago
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What sentencing guidelines will the CPS go for with this one I wonder.

Driving while disqualified
Driving without insurance
Leaving the scene of an accident.

Safe to assume that he doesnt REALLY care much for anyone else except himself. The CPS will most likely place a lot of emphasis on the fact that he turned himself in.

Dreading to see what pathetic sentence will be given

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Simon_MacMichael replied to formereve | 11 years ago
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formereve wrote:

What sentencing guidelines will the CPS go for with this one I wonder.

Driving while disqualified
Driving without insurance
Leaving the scene of an accident.

Safe to assume that he doesnt REALLY care much for anyone else except himself. The CPS will most likely place a lot of emphasis on the fact that he turned himself in.

Dreading to see what pathetic sentence will be given

It's the judge who follows the sentencing guidelines, not the CPS. They've brought the charges.

The defence lawyer would plead mitigation, not the CPS.

Several aggravating factors at work here, both among the charges and the reported sequence of events (failure to stop at police signal to do so), each of which would be likely to add to the punishment if found guilty at trial.

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Rockplough | 11 years ago
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He's clearly a dangerous zero empathy scumbag. Personally I would do everyone a favour and throw him in a hole.

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ubercurmudgeon | 11 years ago
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Dupe

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ubercurmudgeon | 11 years ago
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Two 35 pound fines then? He'll have to make a special trip to the cash machine.

Seriously, he'll probably do some semi-serious time, but only because of the rule-breaking, not the taking of innocents lives.

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mad_scot_rider | 11 years ago
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any bets on what kind of slap on the wrist this joker is gonna get?

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