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Hit-and-run uninsured and unlicensed driver who seriously injured cyclist avoids jail

Judge told Brandon Tate that he escaped custodial sentence “by the skin of your teeth”

A judge has told an unlicensed and uninsured driver who seriously injured a cyclist than fled the scene that he had escaped jail “by the skin of your teeth.” In response to the case, the national cycling charity Cycling UK has repeated its call on the government to make good on its pledge to reform sentencing in road traffic cases.

The male cyclist sustained life-changing injuries when he was hit by a car driven by 23-year-old Brandon Tate in Washington, Tyne & Wear on 16 June last year, reports the Sunderland Echo.

The motorist, from South Shields, failed to stop but reportedly returned to the scene on foot shortly afterwards to ask how the victim was faring, but failed to call the emergency services, South Tyneside Magistrates’ Court heard.

He then left again, and sent his step-sister and her two children, all of whom had been passengers in the borrowed Peugeot car at the time of the crash, back to the scene.

The step-sister, who was described as “distraught,” took 15 minutes to call 999, with the court told that she possibly delayed through not wishing to implicate Tate.

The cyclist sustained injuries to his foot and leg, including a damaged artery, and was in hospital for 12 days afterwards.

Grace Taylor, prosecuting, said: “He decided to hold back and not take the bend. The Peugeot came around the bend on the wrong side of the road and collided with him.

“The first contact was the front bumper, which hit his knee, and the wheel hit his foot.

“He was ejected from the bike, and came to rest on the other side of the road. The Peugeot was nowhere to be seen.

“He was crawling along and he saw the defendant walking, and he asked if he was alright. [The victim] said that he needed an ambulance.

“He said he then heard the sound of car wheels screeching. He then saw a woman and two children.”

Tate, who had no prior convictions, admitted failing to stop after an accident, driving without insurance and driving without a licence.

District Judge Kathryn Meek sentenced him to an 18-month community order and ordered him to undertake 250 hours of unpaid work.

She told him: “You leave for your own reasons, your own cowardly reasons. There’s so many things that you have done wrong here, and I don’t mean bad decisions, criminally wrong. It must have been clear to you there were significant injuries.

“You panicked and you panicked because you knew you shouldn’t have been driving the car, you knew you shouldn’t have been in the car.

“You went off, leaving the injured person and two young children and your step-sister at the scene, having to deal with it.

“Your step-sister was, presumably, torn about how to deal with the situation,” she added. “You are so lucky this wasn’t worse.”

Tate was also banned from driving for 18 months, and was ordered to pay costs of £85 and a £95 victim surcharge.

Duncan Dollimore, head of campaigns at the charity Cycling UK, told road.cc: “It’s nearly seven years since the [fthen] Secretary of State for Justice Chris Grayling promised a full review of road traffic offences and penalties, but there’s been scant action to progress this since.

“Tougher penalties for ‘hit and run’ drivers who leave the scene of a collision where they knew, or ought to have known, that the collision was likely to have resulted in serious or fatal injury, should have been looked at within this review, and is something Cycling UK has repeatedly called for.

“The maximum penalty for that offence is six months custody, which is perfectly adequate in most cases, but where a victim is left in need of urgent medical attention yet the driver flees without calling for assistance, delaying the provision of a breath test, the courts should have greater sentencing powers.

“There has to be consequences for running away rather than remaining at the scene, calling for help, providing a breath test and co-operating, otherwise there’s almost a perverse incentive to leave.

“The government can take the first step to fixing this and other anomalies with our road traffic laws by doing what it promised in 2014 and reviewing traffic offences and penalties.

“Over 12,000 people have died on our roads since they made that commitment, and further delay is simply disrespectful to the victims of road crashes and their families,” he added.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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64 comments

Avatar
pockstone | 3 years ago
4 likes

Compare and contrast with this, seen in the Sunderland Echo after following the link in the story. 

https://www.sunderlandecho.com/news/crime/dangerous-driver-jailed-after-...

 A tragic outcome for his passengers, but they did make the choice to be driven in a stolen car by the defendant. No such choice for the cyclist not to be met by a dangerous driver on the wrong side of the road.

Five years jail as opposed to community service (No fine!??), differences being stolen car, disqualified as opposed to unlicensed driver, perverting course of justice as opposed to making the conscious choice not to phone an ambulance, and leaving the scene, even after being asked to dial 999 by the victim...Oh, and 'cyclist'.

This does not add up.

 

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stonojnr replied to pockstone | 3 years ago
0 likes
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alansmurphy | 3 years ago
9 likes

The most obvious way to punish these bastards is to use their £85 fines and buy them an Apollo bike and drive at them, very fast!

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eburtthebike replied to alansmurphy | 3 years ago
6 likes

alansmurphy wrote:

The most obvious way to punish these bastards is to use their £85 fines and buy them an Apollo bike.....

Cruel and unusual punishment.

And what would you do with the change?

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OldTom | 3 years ago
10 likes

Very unclear why he escaped jail. There must be some reason, because everything here is damning of the individual concerned. There's no 'you did everything you could once you realised you had hit the cyclist' bullshit mitigation to this one. From beginning to end it is a litany of actions of someone who does not give a toss about anyone or anything (even his own family).

All the wrong messages, to everyone, all the time.

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wtjs replied to OldTom | 3 years ago
9 likes

Very unclear why he escaped jail

It's clear to me! The police, CPS and courts do not see offences against cyclists as 'real offences'; as far as I can make out, the logic is that the offence could not have taken place if the cyclist had not been on the road so it must be largely the cyclist's fault. As soon as the police hear about such an offence their main focus is on finding reasons to not do anything about it. This even, in Lancashire anyway, extends to offences witnessed by cyclists, such as crashing traffic lights at red, or mobile phone use at the wheel. They used to be able to dodge these by sneering 'if only we had evidence, sir...' Now they have impeccable evidence, and they don't like it at all.

PS Before someone points out that the police/ CPS were not guilty in this case, I do realise that. This time the villain was the judge. 

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bikeman01 replied to wtjs | 3 years ago
0 likes

wtjs wrote:

Very unclear why he escaped jail

This time the villain was the judge. 

But the judge was very critical of the driver and could have imposed a much harsher sentence but chose not to. The judge probably would have been less critical of the driver if they had a bias against the cyclist. The question remains, why? The likely answer may be in the full transcript of the judge's summing up. 

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eburtthebike replied to OldTom | 3 years ago
7 likes

OldTom wrote:

Very unclear why he escaped jail.

His teeth have very thick skin.

Or maybe his dad is in the same lodge as the judge.

Or maybe the judge hates cyclists.

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0-0 | 3 years ago
6 likes

The sentence is a fucking joke.

They'd had got longer for downloading a movie off the internet.

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nniff | 3 years ago
1 like

Does anyone know what 'Community Service' these days actually involves?

Round here, litter picking is a voluntary, community affair - well over 100 volunteers and over 1,000 bin bags full in the past few months.

What do they make these wretched little shites do?  Cleaning and painting CS7 blue again by hand would be a decent punishment :o)

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wtjs replied to nniff | 3 years ago
2 likes

Does anyone know what 'Community Service' these days actually involves?

No, but my guess is that it's working from home on virtual litter picking.

 

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AlsoSomniloquism | 3 years ago
9 likes

Quote:

Tate, who had no prior convictions, admitted failing to stop after an accident, driving without insurance and driving without a licence.

 

Except he had been breaking the law everytime he got behind the wheel of the car which should have also been taken into account. It is not an accident and not a first time. Also how come him and his sister wasn't charged with endangerment of he children she allowed in his car. Surely she knew he wasn't legally allowed to drive and knew how he drove if he came "around the bend on the wrong side of the road and hit him head on".

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Muddy Ford | 3 years ago
8 likes

If the cyclist had thrown his bike and crash helmet into the hedge away from view,  this driver would have got a proper penalty because it wasnt a cyclist he nearly killed. It's getting fucking absurd, and if this government is serious about increasing cycling / walking they need to address this prejudice. So many people want to cycle but don't because it's too dangerous and anti-cyclists literally hate them when they get on a bike.

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Captain Badger replied to Muddy Ford | 3 years ago
6 likes

Muddy Ford wrote:

If the cyclist had thrown his bike and crash helmet into the hedge away from view,  this driver would have got a proper penalty because it wasnt a cyclist he nearly killed. It's getting fucking absurd, and if this government is serious about increasing cycling / walking they need to address this prejudice. So many people want to cycle but don't because it's too dangerous and anti-cyclists literally hate them when they get on a bike.

literally hate them and will deliberately bully, intimidate and attempt assault using their vehicles as a weapon...

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lonpfrb replied to Captain Badger | 3 years ago
0 likes

The failure to drive with due care and attention is founded in the belief that the cyclist will cause little or no damage to the motor vehicle, so logically cyclists should equip themselves to be an equal hazard to the motor vehicle in order to be treated equally. If video evidence has no effect, stronger deterrents are required...

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Captain Badger | 3 years ago
15 likes

I've said this before, I'll say it again. Disqualifying/banning/revocation of licence is not punishment, it is mitigation of public risk, and so should be applied separately to sentencing.

This w£nker has been allowed to walk free from a heinous crime. No one can pretend that they are unaware of the horrific results of dangerous driving, whether you have a licence or not. This c_nt knew this and then drove in a high-risk manner. He was aware that he was unqualified, and therefore incompetent, knew what the likely outcome was, and not only continued to pursue this course of action, but after inflicting this utterly predictable outcome on an innocent member of the public, left his victim for dead.

What possible grounds are there for showing leniency?? Even the summing up comments show how trivial the judge saw this  - "escaped jail by the skin of your teeth.” He escaped nothing, the judge made a conscious decision not to punish.

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jh2727 replied to Captain Badger | 3 years ago
1 like

> I've said this before, I'll say it again. Disqualifying/banning/revocation of licence is not punishment, it is mitigation of public risk, and so should be applied separately to sentencing.

It might be a mitigation of risk - if the driver actually held a licence at the time. 

When someone has already demonstrated that they are willing to drive without a license and without insurance, what exactly does anyone expect a ban to achieve?

Will he ever take a test? Possibly.

Will he ever be able to afford insurance if he declares his history truthfully? Unlikely.

Will he ever drive again? Definitely - he probably drove home from the court (he certainly wouldn't be the first).

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adamrice | 3 years ago
6 likes

Perhaps next time he does this, the judge will ban him from driving for two whole years. That'll show him!.

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hawkinspeter | 3 years ago
16 likes

Here's a contrast: https://www.bristolpost.co.uk/news/bristol-news/man-fined-after-driving-e-4983704

Quote:

A man will be forced to pay out more than £1,000 after driving an electric scooter in a Bristol park.

Souhail Somrani was driving the e-scooter in a park near Brandon Hill on April 18 last year when he was stopped by police.

In a statement, Avon and Somerset Police said the 44-year-old was reported for driving without insurance.

Somrani, from the Redfield area, was also reported for driving a mechanically propelled vehicle otherwise than in accordance with a licence, the statement added, due to the fact that he was stopped while riding on a public footpath.

He received six penalty points, as well as fines and costs totalling £1058, after being found guilty of the offences by Bath Magistrates Court on Thursday, February 4.

Richard McKiernan, of Avon and Somerset Police traffic management unit, said: “This case demonstrates there can be very real consequences for those who are found to be using an electric scooter illegally.

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wtjs replied to hawkinspeter | 3 years ago
3 likes

A man will be forced to pay out more than £1,000 after driving an electric scooter in a Bristol park

He should have hit a cyclist when he might have been congratulated, or a tiny fine at worst.

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eburtthebike replied to hawkinspeter | 3 years ago
5 likes

hawkinspeter wrote:

Here's a contrast: https://www.bristolpost.co.uk/news/bristol-news/man-fined-after-driving-e-4983704

Quote:

Souhail Somrani was driving the e-scooter in a park near Brandon Hill on April 18 last year when he was stopped by police.

I wonder if he would have been fined quite so much if he was called Smith or Jones.

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eburtthebike | 3 years ago
11 likes

I was going to comment, but words fail me.

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iandusud | 3 years ago
9 likes

I don't know where to start with this one. I've said it here many times, I'm not of the "bang'em up" brigade but as already said this should at least have got a suspended sentence. The 18 month driving ban is a sick joke. Should be at least 10 years if not a lifetime ban. As for driving without insurance I don't know what sort of compensation the injured cyclist will get but the uninsured driver should be made to pay it from his earnings at a percentage until it's all paid. 

I think there is some sort of warped idea that not being able to drive a car is such a harsh punishment that it should only be metered out in small doses. The fact is that many people do not drive and manage perfectly well. However people who clearly demonstrate that they cannot or will not behave responsibly behind the wheel of a car should not be given that priviledge. 

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Hirsute replied to iandusud | 3 years ago
0 likes

There is a fund for claims against uninsured drivers. I can't remember the % on everyone's premium, but it was more than I expected.

https://www.mib.org.uk/making-a-claim/

 

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SNS1938 | 3 years ago
6 likes

Hit and run, + no licence and insurance ... and still no jail ... that is truely amazing. 

 

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Sriracha | 3 years ago
13 likes

So the judge takes the licence he didn't have. What does that change? And how is it a punishment?

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brooksby replied to Sriracha | 3 years ago
8 likes

Happens all the time on those 'Super Police Interceptors' type programmes (usually narrated by John Thomson or Jamie Theakston).

(my daughter likes watching them - don't judge me!).

Seriously, most of the time when someone gets caught out for antisocial/dangerous/careless use of a motor vehicle, the little 'and finally...' at the end tells you how they got a xx months ban for driving while disqualified, etc.

Because clearly they have so much respect for the fact that they were already banned...

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NPlus1Bikelights | 3 years ago
9 likes

He escaped punishment and justice. District Judge Meek couldn't have a more apt name.

Banned from driving. Not licenced, probably won't be in near future.

Take the car away, curfew him and fit him with an ankle bracelet.

Step sister took 15 minutes to call 999 AFTER the time to return to scene and should also be punished.

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wtjs | 3 years ago
6 likes

Time and time again we see the same things: the joke community order, the trivial ban, the exceedingly weak condemnation which is simply laughed off because no serious penalty has been imposed. It will be the same when you are knocked off, assaulted, generously given 'life changing injuries' which are deemed unimportant because not punished: this is a war we continue to lose.

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hawkinspeter | 3 years ago
12 likes

So on the one hand you have life changing injuries and on the other you have "please don't drive for 18 months". To my mind, someone who panics after a collision and only thinks of themselves is not mature enough to drive - let's keep them off the road permanently as they had their chance to follow the rules.

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