"Clifford Griffiths" <
[email protected]> wrote in message
news:[email protected]...
> I think that the quality of the argument in this thread has fallen
> language. To refer to the driver as a 'cow' and a 'bint' puts gender into the argument in an
> inappropriate way. The implication is that it it women who are inattentive while men's speeding is
> far preferable - a very
dubious
> premise.
>
> Without knowing all the circumstances it is difficult to comment on the appropriateness of
> sentences but it does seem to me that substantial bans are the way forward. I think that dangerous
> and inattentive drivers should have their licences taken away for substantial periods. I think
> that one year as some have suggested seems very short given that a death has resulted. But will we
> ever deal with the Daily Mail type views that
motoring
> offences are trivial even though they kill people while burgalries are terrible despite resulting
> in relatively few injuries.
I very much doubt that the quality of argument is lower than usual (could it get lower than usual?)
Broadly, argument has broken down in to the usual groupings:-
1. Disbelief at the lightness of sentence.
2. Disbelief that SMIDSY is a valid excuse.
3. Resigned acceptance that legal retribution for causing death with a motorcar is socially
acceptable.
4. Black humour.
I am sure many of us have had cars pulling out or turning in as if we were not there. (I've had two
such incidents in the last couple of months close enough for emergency braking and pooping the
pants). A minor adjustment to the timing and -- well, it doesn't bear thinking of.
I am sure that when this happens others also think 's/he was looking straight at me - how didn't
s/he see me?' or, in more paranoid moments, 'the ******* knew I was there and didn't give a ****'.
(And, in response
drivers than men so less likely to ignore a cyclist).
Why are cyclists not seen in these circumstances? Because the driver is not looking for a cyclist.
S/he is looking for a car or larger. Cyclists (and to a lesser extent motorcyclists) are 'filtered
out'. They may be looking too far up the road -- anticipating traffic travelling at higher speeds.
However it is rationalised it is inattention and negligence.
The sentence. Well it is very easy to demand hanging or more for this type of offence -- and let's
be very clear -- it must always be an offence to kill someone through negligent use of a lethal
weapon. Punishment should have several objectives:-
i. to provide a lesson to the perpetrator that their behaviour was not acceptable.
ii. to provide a signal to others that such behaviour is not acceptable.
iii. to provide the victim and their relatives & friends with reassurance that the legal system
appreciates their pain and is taking action to reduce the chance of similar illegal action
in the future.
iv. to provide the public with reassurance that the legal system takes such offences seriously.
I have no idea what an appropriate punishment is in this type of case. But I am sure that 305 quid
and a few points but no ban fails all four of the above. It tells me that killing a cyclist (or
pedestrian, motorcyclist etc.) is less bad than speeding, low value shop lifting or failing to have
a TV licence. FFS -- cycling on the pavement could result in a 1000 quid fine!!
(Here I am in danger of sounding complacent) -- you can be banned for a year for having 81 wotsits
of alcohol in your blood while 79 is deemed (though isn't in my book) acceptable. I have no problem
with the concept of a limit -- its sometimes the only rational, testable way of determining guilt.
On that basis a dead cyclist must be worth as much or more than, in effect, one more swig of
alcohol. If she had missed him (a matter of fractions of a second) there would be no case to answer.
She didn't so there is.
Sorry, in this case I don't know what a fair and reasonable punishment would be. But I am convinced
that the one imposed is not it,
Finally, a point which I do not think has been raised, what about compensation for the family? Will
this be done in the normal British way of the woman's insurance company offering 45p as the guy was
'old' (i.e. over
50) and in a relatively poorly paid job? Or will the American style ambulance chasers be on the case
for squillions?
T