Driver telling blatant lies to try and get ban shortened

[pete75]

http://thelincolnite.co.uk/2017/11/form ... ense-back/

This chap got just 15 months inside( 4 months in reality *) and a 3 year ban for a dangerous driving offence of which the judge said “short of death the harm could not have been greater.”

He failed to get his licence back early but is maybe guilty of perjury :-

"Hill said he also needed to drive to keep in regular contact with his 15-year-old daughter, who he does not support financially and lives in Nottingham.

When cross examined by prosecution barrister Edna Leonard, Hill, who now lives in Lincoln area, claimed it would be impossible to make the visits by train and bus."

There is a direct train service from Lincoln to Nottingham and vice versa with a train at least every hour in each direction from before 9am to after 10pm. The journey takes about 55 minutes.

Why are these things never picked up?

* Maybe he didn't enjoy it much - he has got a very punchable face......

[Bonefishblues]

Because at the time he didn't live in Lincoln.

Why are these things never picked up?

[boris]

http://www.lincolnshirelive.co.uk/news/local-news/driver-18-hour-drug-binge-834439

When Alliston was being stitched up in court and made famous by the media I was wondering whether anyone would notice this case , also in Lincs..
We shall see what the sentence is. Will he get a life driving ban? No, is my guess.


I just noticed the audi driver in the op
only did 4months in jail and now wants his licence back as well. There is no justice on our roads.

[thirdcrank]

... Why are these things never picked up?

My experience isn't recent but I think it is largely to do with the fact that in E & W, the prosecution has a limited role in the sentencing process, largely restricted to things like giving details of previous convictions. When further information is required, eg in the form of pre-sentencing reports, the information is gathered and presented by whatever they now call the probation service. This type of info is generally more detailed in the Crown Court.

An application like this is made by or on behalf of the defendant to the court. My own experience relates only to magistrates court proceedings, where most applications of this type are made. (AFAIK, this has gone to Crown Court because that's where the original order was made.) The defence solicitor will base the application on what they are told by their client, but is under no duty to check it. Their role is to present their client's case. In court it will be presented along the lines "My client informs me..."

The application will use the widest grounds possible but framed in the loosest language. ie The prosecution would have little to check, even if it decided to do so. Probably the only thing that the prosecution knows with any certainty is whether the defendant has been convicted in the interim. If he hasn't then the presumption must be that he has abided by the disqualification. It seems that in this case some enquiries have been made with the victims - a bit like the victim's impact statement before sentence. I've no idea if something similar to a pre-sentencing report is compiled for the Crown Court, but it seems that nobody has done the job here. Without firm information, I believe it would be considered unacceptable to challenge what the defendant was saying on oath. ie effectively accusing him of lying based only on an assumption.

[pete75]

Because at the time he didn't live in Lincoln.

Why are these things never picked up?

He didn't live in Lincoln at the time of the offence but that has no bearing whatsoever. He lived in Lincoln at the time ofthe appeal - "When cross examined by prosecution barrister Edna Leonard, Hill, who now lives in Lincoln area, claimed it would be impossible to make the visits by train and bus"

[pete75]

http://www.lincolnshirelive.co.uk/news/local-news/driver-18-hour-drug-binge-834439

When Alliston was being stitched up in court and made famous by the media I was wondering whether anyone would notice this case , also in Lincs..
We shall see what the sentence is. Will he get a life driving ban? No, is my guess.


I just noticed the audi driver in the op
only did 4months in jail and now wants his licence back as well. There is no justice on our roads.

It was in Cambridgeshire where he killed the two pedestrians hence appearing Cambridge Crown Court. The judge did mention significant custody after reports etc. On the face of ithis offence is even worse than these so he should get a long sentence and maybe a lifetime ban given the evidence of how he was driving for many miles before the fatal crash http://road.cc/content/news/27511-break ... iona-patel

[Bonefishblues]

Because at the time he didn't live in Lincoln.

Why are these things never picked up?

He didn't live in Lincoln at the time of the offence but that has no bearing whatsoever. He lived in Lincoln at the time ofthe appeal - "When cross examined by prosecution barrister Edna Leonard, Hill, who now lives in Lincoln area, claimed it would be impossible to make the visits by train and bus"

I think we read that in completely different ways. If your reading is correct then that would a. Be a very stupid thing to claim b. Be very easy to challenge c. Not be sufficient for me to assert that he had committed perjury based on a local press report.

[pete75]

Because at the time he didn't live in Lincoln.

Why are these things never picked up?

He didn't live in Lincoln at the time of the offence but that has no bearing whatsoever. He lived in Lincoln at the time ofthe appeal - "When cross examined by prosecution barrister Edna Leonard, Hill, who now lives in Lincoln area, claimed it would be impossible to make the visits by train and bus"

I think we read that in completely different ways. If your reading is correct then that would a. Be a very stupid thing to claim b. Be very easy to challenge c. Not be sufficient for me to assert that he had committed perjury based on a local press report.

What on earth way did you read it then? Oh and saying maybe someone has done something isn't asserting they've done it.

[Bonefishblues]

On earth a different way.

Your thread title refers.

[pete75]

On earth a different way.

Your thread title refers.

Methinks you talk in riddles. The chap claimed it was impossible to get to Nottingham from Lincoln by train or bus when in fact there is a good direct train service between the two cities.

[tim-b]

Hi
The perjury needs to exceed tests, including public interest (link). I haven't read the articles, but was he sworn in on oath (or its equivalent). Scroll up the article linked to for allied offences
Regards
tim-b

[Username]

Because at the time he didn't live in Lincoln.

Why are these things never picked up?

shut up

[Cunobelin]

There can be Justice.. if in a roundabout way

There was a case where Nurse was caught for multiple speeding offences and to keep her license told the Court that she was an integral part of an on call team. If she did not have her license she would be unable to attend these emergencies and lives would be lost

Then it turned out she was a junior member of the department and not even on the on-call team

Someone then phoned the NMC and reported her for acting. dishonestly and "misrepresenting" her professional status. ?This led to a "fitness to practice" investigation and a year suspension

[Cunobelin]

Hi
The perjury needs to exceed tests, including public interest (link). I haven't read the articles, but was he sworn in on oath (or its equivalent). Scroll up the article linked to for allied offences
Regards
tim-b

However a vast part of evidence is lies and untruths. It is part of teh defence game and people are never charged

"It wasn't me Guv...... I was at home with the Missus"

Technically every person who denies and offence and is found guilty is committing perjury

[robing]

What does this story have to do with cycling?