Interesting news story...

[gar]

Failing to stop and/or failing to report an accident

Maximum sentence for each six months; disqualifiaction and fine £5000

Then there would also have been CIC to rleatives.

[gar]

Cross examination of the defendant and his reputation of a 72 year old family man would have been sufficient to establish that it was not deliberate

[JBB]

As someone fairly well acquainted with the situation i would suggest the following facts should be taken into effect in this discussion. Mr Morris ( the cyclist) was an ex police officer and cycling on a country lane across the New Forest in an area where animals wander freely. The site lines there are more than adequate. There were no witnesses to the accident which means that a motoring conviction .e.g. death by dangerous driving or even careless driving cannot be proved.. The reason there has been no mention of a charge of "failing to stop" is that Mr Cottrell has already pleaded guilty to that charge.

hope this clarifies things a bit
JBB

[m davey]

So Mr Cottrell is yet to be sentenced having pled guilty to failing to stop. When is his next appearance in court?

[gar]

So he may get six months and/or a maximum fine of £5000.

Thank you for familiarising us with the most recent facts.

BUT more important Criminal injuries compensation may be claimed.

The facts of Mr Morris. occupation need not be mentioned..

I agree about the problems of New Forest cycling especially at night.

I had a head on accident with a cow myself in 1964 within a few hundred metres of the spot, (but on the main road) of Mr Morris fatal accident.

We did not even see it on the road in front of us....... AND we did stop! The cow died.

[gar]

Mr Cottrell must be quite pleased with that charge....nothing easier to plead guilty to....
after a manslaughter charge hanging over him for
some months..... that in itself is some punishment.

6 months and £10,000 worse off after all is paid
perhaps.

What is the Criminal injuries Compensation bill in similar cases?

[JBB]

One of the reasons for posting was to counterbalance the following 2 statements

"Those people who cycle on main trunk roads innocently of the day, should be aware that there are such people about, before they venture forth onto them."

Still an acquaintance copper says "Masonic lodge your honour". Oh for the monkey's paw and the third degree!"

As stated Mr Morris was not cycling on a main road - hence the delay in anyone finding him. His previous profession is relevant in that it blows most of the conspiracy theories out of the water. The Police are renowned for looking after there own - in this case the cyclist.

Sentencing has been adjourned until next week. Any monetary restitution will then follow.

HTH
JBB

[gar]

I think we will all be grateful for your update information on this case which somebody merely chanced upon while surfing/browsing.

I won't comment on my... comments... I thought that the police were always more severe with themselves than with anybody else in the case of crime.... I am sure my late chief constable companion at the sports club would have said the same.... although his remarks would probably have been directed at dishonest policemen as being the worst of all.

[gar]

conspiracy theories out of the water
not easy; it could only be incitement... and even then. It is Police and DPP, very public indeed!

On a back road and did not stop

The one thing I did when it happened to me three years ago was to hop carrying my foot to the main road before passing out.

Mr Morris had no such opportunity and Ambulance driver's lore is "always keep the patient awake". He arrived too late and Mr Morris never awoke..

Six months and CIC.

[DMG]

Thank you for clarifying the "failure to stop" issue, JBB.

I have looked at the Criminal Injuries Compensation Authority's website (www.cica.gov.uk) and it appears that any claim is seperate to the criminal trial. I can't find any reference to a contribution from the offender. The following is an extract:

Injuries caused by vehicles (paragraph 11 of the scheme). The general rule is that we cannot pay compensation for injuries caused as a result of traffic accidents. The only exception is where the vehicle was, in effect, used as a weapon. In general we have to be satisfied that the driver of the vehicle deliberately drove it at you in an attempt to cause you injury. If you are injured by a motor vehicle in normal circumstances on a public highway, you may be compensated through the driver’s insurance company or, if the driver was uninsured or unidentified, through the Motor Insurers’ Bureau.

The standard of proof in a civil compensation claim is "balance of probabilities" rather than the "beyond reasonable doubt" of a criminal trial.

[gar]

But they can scarcely be satisfied if the judge has found that it was not.