Motorist is very sorry for killing cyclist.

Commuting, Day rides, Audax, Incidents, etc.
Tiggertoo
Posts: 475
Joined: 2 Jun 2021, 4:52pm

Re: Motorist is very sorry for killing cyclist.

Post by Tiggertoo »

mumbojumbo wrote: 23 Oct 2022, 9:16pm The fundamental problem is that in our "free" society restrictions on poor behaviour are weak ,even ineffective.

1.Cars are free to drive at excessive speed-restrictions could be placed on speed using smart technology.
2.Secondly there is no reason for a phone to function in a car.

Any limits places on these items will be opposed by powerful pressure groups advocating freedom..
I spend much of my time in Texas and from my observation every other car's driver is using his phone, either texting, searching, or talking. It is an epidemic for which there is no cure other than banning the things.
hemo
Posts: 1438
Joined: 16 Nov 2017, 5:40pm
Location: West Sussex

Re: Motorist is very sorry for killing cyclist.

Post by hemo »

The van driver Simon Lee Draper was sentenced today and was given the max penalty of a 5 year prison sentence and a 6 year driving ban, one assumes the ban won't take affect until his sentence he serves.
Sadly though 5 years isn't enough.
https://www.bbc.co.uk/news/uk-wales-63682055
Bonefishblues
Posts: 11374
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Motorist is very sorry for killing cyclist.

Post by Bonefishblues »

His now 2 yo son won't see him other than in prison until he's 5 at the earliest. Whatever way you look at it it's a tragedy.
rmaxted
Posts: 17
Joined: 6 Sep 2022, 9:00pm

Re: Motorist is very sorry for killing cyclist.

Post by rmaxted »

I don't see it like that. The van driver has no tragedy just the consequences of his actions. The ramifications of his actions affect a wide circle including his son and presumably partner and probably his wider family who will have to pick up some a of the shared caring responsibilities. Hopefully both his actions and the disgraceful way he tried to dodge the responsibility will affect him for the rest of his life. I am sure it will do for the victims family. I hope that the prison sentence is no more than the time needed for him to understand that all of his life plans are now shattered, he is going to find it hard to get a job afterwards and he will probably spend the rest of his life running over and over what if's in his head. Frankly I hope that prison is just the start of a long, sad and miserable life.
thirdcrank
Posts: 36740
Joined: 9 Jan 2007, 2:44pm

Re: Motorist is very sorry for killing cyclist.

Post by thirdcrank »

I've searched unsuccessfully online for a detailed account of the judge's sentencing remarks which would give an explanation of how the sentence was calculated in accordance with sentencing guidelines Somebody more savvy than me may be able to dig them out

(I've seen brief reports of a couple of points such as the dangers of being distracted and an acknowledgment of the dignity of the bereaved in court but I'm talking about something much more detailed)
hemo
Posts: 1438
Joined: 16 Nov 2017, 5:40pm
Location: West Sussex

Re: Motorist is very sorry for killing cyclist.

Post by hemo »

His son & family won't have regular access to him as as being at home etc,etc though he is likely only to serve 1/2 or 2/3 of the sentence, the fact though is he will be out in afew years. The victims family will never see her again they have to deal with that for the rest of their lives.

From his actions into trying to blame his son , one doubts he will have much in the way of remorse privately for his actions.
Bonefishblues
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Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Motorist is very sorry for killing cyclist.

Post by Bonefishblues »

hemo wrote: 19 Nov 2022, 11:37am From his actions into trying to blame his son , one doubts he will have much in the way of remorse privately for his actions.
I can separate his trying to stay out of prison from his being remorseful for his actions.
sjs
Posts: 1419
Joined: 24 Jan 2010, 10:08pm
Location: Hitchin

Re: Motorist is very sorry for killing cyclist.

Post by sjs »

Bonefishblues wrote: 19 Nov 2022, 11:54am
hemo wrote: 19 Nov 2022, 11:37am From his actions into trying to blame his son , one doubts he will have much in the way of remorse privately for his actions.
I can separate his trying to stay out of prison from his being remorseful for his actions.
I can't
cycle tramp
Posts: 4700
Joined: 5 Aug 2009, 7:22pm

Re: Motorist is very sorry for killing cyclist.

Post by cycle tramp »

Bonefishblues wrote: 19 Nov 2022, 11:54am
hemo wrote: 19 Nov 2022, 11:37am From his actions into trying to blame his son , one doubts he will have much in the way of remorse privately for his actions.
I can separate his trying to stay out of prison from his being remorseful for his actions.
Being remorseful is all damned well.. how about having enough £*#&ing self control not to fiddle with your £*#&ing mobile phone whilst driving... perhaps he'll find the shower an interesting experience for him.. let's see if he picks up a mobile phone whilst driving after that experience..

*edited because I've thought about it and have changed my view point).
Last edited by cycle tramp on 19 Nov 2022, 3:03pm, edited 2 times in total.
Dedicated to anyone who has reached that stage https://m.youtube.com/watch?v=Vqbk9cDX0l0 (please note may include humorous swearing)
cycle tramp
Posts: 4700
Joined: 5 Aug 2009, 7:22pm

Re: Motorist is very sorry for killing cyclist.

Post by cycle tramp »

Bonefishblues wrote: 19 Nov 2022, 2:04pm
cycle tramp wrote: 19 Nov 2022, 12:50pm
Bonefishblues wrote: 19 Nov 2022, 11:54am

I can separate his trying to stay out of prison from his being remorseful for his actions.
Being remorseful is all damned well.. how about having enough £*#&ing self control not to fiddle with your £*#&ing mobile phone whilst driving... I rather hope the showers are an interesting experience for him which involves a 12 inch strap on catcus... let's see if he picks up a mobile phone whilst driving after that experience..
I agree entirely. But he didn't, sadly, with awful consequences.

Maybe he will be anally raped whilst in prison, I doubt it would be reported, but I note your earnest hope.
The issue is as with all these things, has enough been done to dissuade the criminal or anyone with similar intentions from repeating this event.
I think every thinking person who have preferred it not to have happened, but now that it has, fitting motor vehicles with some sort of anti mobile telephone technology which stops the driver from even attempting to use a mobile phone should be considered... sadly the motoring industry isn't the same as the aircraft industry...
..however, it has happened and the danger is now present is that this person wouldn't have actually learnt anything and that history will repeat itself some 12 years, when he runs someone over on an e-scooter while using his phone

...at this point the only way of dissuade him is an experience so awful, so terrible it will stay with them forever.
Personally no one should be looking at any form of violent sexual attack to change a person's behaviour. That's a horrible thing to suggest, and yes, I shouldn't have written it.

At this point we're sort of stuck as to how to get through to every road user who thinks 'oh, that will never happen to me' that it might and that by behaving in a dangerous, selfish or ignorant way, they are placing lives at risk.

Personally I hate to see people in prison its such a waste of time and talent... I would rather see him given 5 years doing something useful somewhere.
However perhaps being a father and knowing that his children will find out he killed someone might, might just be enough..

(Edited because I've thought about it a changed my view point).
Last edited by cycle tramp on 19 Nov 2022, 3:02pm, edited 2 times in total.
Dedicated to anyone who has reached that stage https://m.youtube.com/watch?v=Vqbk9cDX0l0 (please note may include humorous swearing)
thirdcrank
Posts: 36740
Joined: 9 Jan 2007, 2:44pm

Re: Motorist is very sorry for killing cyclist.

Post by thirdcrank »

Bonefishblues wrote: 19 Nov 2022, 2:04pm
cycle tramp wrote: 19 Nov 2022, 12:50pm
Bonefishblues wrote: 19 Nov 2022, 11:54am

I can separate his trying to stay out of prison from his being remorseful for his actions.
Being remorseful is all damned well.. how about having enough £*#&ing self control not to fiddle with your £*#&ing mobile phone whilst driving... I rather hope the showers are an interesting experience for him which involves a 12 inch strap on catcus... let's see if he picks up a mobile phone whilst driving after that experience..
I agree entirely. But he didn't, sadly, with awful consequences.

Maybe he will be anally raped whilst in prison, I doubt it would be reported, but I note your earnest hope.
Perhaps he'll receive a standing ovation for killing a police sergeant AND a cyclist: a sort of toofer
cycle tramp
Posts: 4700
Joined: 5 Aug 2009, 7:22pm

Re: Motorist is very sorry for killing cyclist.

Post by cycle tramp »

thirdcrank wrote: 19 Nov 2022, 2:32pm
Bonefishblues wrote: 19 Nov 2022, 2:04pm
cycle tramp wrote: 19 Nov 2022, 12:50pm

Being remorseful is all damned well.. how about having enough £*#&ing self control not to fiddle with your £*#&ing mobile phone whilst driving... I rather hope the showers are an interesting experience for him which involves a 12 inch strap on catcus... let's see if he picks up a mobile phone whilst driving after that experience..
I agree entirely. But he didn't, sadly, with awful consequences.

Maybe he will be anally raped whilst in prison, I doubt it would be reported, but I note your earnest hope.
Perhaps he'll receive a standing ovation for killing a police sergeant AND a cyclist: a sort of toofer
Or perhaps every time his children look at him they'll know he killed a person and he'll see that reflected in their eyes. He'll know that they know....
Dedicated to anyone who has reached that stage https://m.youtube.com/watch?v=Vqbk9cDX0l0 (please note may include humorous swearing)
rmaxted
Posts: 17
Joined: 6 Sep 2022, 9:00pm

Re: Motorist is very sorry for killing cyclist.

Post by rmaxted »

Which sort of comes back to my feeling that the worst punishment is to end up with a sad and empty but long life filled with no hope and no chance of moving on. To be stuck in a void of hope until you die alone and unmissed.
pwa
Posts: 18302
Joined: 2 Oct 2011, 8:55pm

Re: Motorist is very sorry for killing cyclist.

Post by pwa »

It is a sad story all round, obviously for the victim and her family, but also for the convicted driver and his family. No winners, just losers. One person doesn't come out of it at all, and everyone else comes out of it with a stain on their psyche that will follow them to their grave.

It is better for the guilty person to say sorry, than for them not to say it. But it doesn't scratch the surface of the harm that has been done.
thirdcrank
Posts: 36740
Joined: 9 Jan 2007, 2:44pm

Re: Motorist is very sorry for killing cyclist.

Post by thirdcrank »

The harsher the penalty, the more likely the driver is to scarper, in one form or another if they panic or believe they can escape detection, or to plead not guilty if they are detected. I believed it's widely believed by those in the know that juries are often more sympathetic to individual defendants than jury members might be in the abstract - which is why defence advocates milk that. And that's part of their job.

"Reasons to be cheerful" or at least pleased with the way this turned out at court include the fact that with the defendant offering a guilty plea to the lesser "careless" offence, the prosecutor, Carina Hughes, persisted with the indictment for dangerous. She was able to do so because of the strength of the evidence gathered by the police investigation and I hope, a belief that the more serious offence was the appropriate charge. And the jury for whatever reason agreed

"Remorse" is an important element of sentencing. A defendant should not be punished for denying a charge, but they can be rewarded by a sentence discount for "remorse." I've no experience of how that has worked since it was formally included in sentencing guidelines and I'm mystified how somebody who denies a charge can be remorseful for committing it.

To reiterate, if somebody is able to dig out the full sentencing remarks, we'll have a better idea of the judge's homework
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