Charlie Alliston case - fixie rider accused of causing pedestrian death

[mjr]

I agree with those who suggest he might not have pulled the brake anyway.

Apparently including the judge...

Does it? The judge seems to think otherwise:

"On your own evidence by this stage you weren’t even trying to slow or stop. You expected her to get out of your way. Thus I make it clear that it was not merely the absence of a front brake but your whole manner of riding that caused this accident."
​

I don't think she could have been more explicit.

 

[mjr]

Anyway, here's the judgement: https://www.judiciary.gov.uk/wp-con...-remarks-hhj-wendy-joseph-qc-r-v-alliston.pdf

These bits seem interesting to me: "In two of those cases the sentence upheld by the Court of Appeal was one of 12 months in custody indicating a starting point of 18 months before reduction for the guilty plea" and "I have also read a recently compiled pre-sentence report in which it is right to note that you express what appears to the maker of the report to be true remorse. If this is right it is welcome no matter that it comes so very late in the day, but I note that in the same breath you continue to insist that you were not at fault and that you did nothing wrong in your riding. In so far as I can give you credit for some understanding and regret for what you have done, I do." and "I have concluded this is not a
case where it could be right to suspend the sentence."

So was the judge actually fairly lenient on someone who didn't plead guilty and didn't fit the guidance for a non-custodial sentence? I wonder how this is going to be in tomorrow's newspapers.

 

[srw]

It's pretty clear that the judge attaches no, or almost no, blame to the actions of the victim. And that she has spent rather more time examining and thinking about the case, and similar cases (including cases involving drivers) than anyone here.

 

[GrumpyGregry]

He wasn't found guilty of killing someone. He was found guilty of causing an injury by wilful neglect.


It's a reasonable point: what would we expect the sentence to be for a motorist who causes an injury through careless driving?

He was found guilty of causing an injury by wilful neglect that cause the death of someone. The judge was aware than the victim died from the injury and took that into account. Had he been driving I doubt it would have got to court.

What about the suicide attempt and Maudsley hospital stays then?

I now see the judge is of the view he uses suicide threats as a way to control others.

 

[srw]

Had he been driving I doubt it would have got to court.

A teenager driving too fast for the conditions in central London? Honking his horn twice and not braking - all captured on CCTV? Posting on pistonheads afterwards how it was nothing to do with him and all the victim's fault? An articulate middle-class victim's family?

Really?

I think it would still have been front-page news, and would still have resulted in a custodial sentence.

 

[Pale Rider]

A teenager driving too fast for the conditions in central London? Honking his horn twice and not braking - all captured on CCTV? Posting on pistonheads afterwards how it was nothing to do with him and all the victim's fault? An articulate middle-class victim's family?

Really?

I think it would still have been front-page news, and would still have resulted in a custodial sentence.

Quite so, a driver may even have got longer if convicted of one of the 'death by' offences.

Just as Alliston would have got longer if convicted of manslaughter.

 

[GrumpyGregry]

A teenager driving too fast for the conditions in central London? Honking his horn twice and not braking - all captured on CCTV? Posting on pistonheads afterwards how it was nothing to do with him and all the victim's fault? An articulate middle-class victim's family?

Really?

I think it would still have been front-page news, and would still have resulted in a custodial sentence.

We will have to agree to differ. I doubt on anything other than very slow news day that it would be front page news beyond The Standard.

 

[Tin Pot]

So if he'd not been such a dick then he might not have gone to prison?

If he'd not been such a dick then he might not have killed her.

 

[GrumpyGregry]

Quite so, a driver may even have got longer if convicted of one of the 'death by' offences.

Have we all forgotten this one?

https://www.theguardian.com/uk/2006/aug/04/transport.world

 

[GrumpyGregry]

If he'd not been such a dick then he might not have killed her.

The judge seemed to conclude that was almost certainly the case.

 

[Tin Pot]

Have we all forgotten this one?

https://www.theguardian.com/uk/2006/aug/04/transport.world

Nope. It's well know. That current British justice allows the wilful slaughter of cyclists by motorists. As far as I'm concerned, malice aforethought is simply getting in the vehicle.

 

[srw]

Have we all forgotten this one?

https://www.theguardian.com/uk/2006/aug/04/transport.world

Now 11 years ago, and got a terrible roasting for its leniency even then (even by the Mail, says google). Since then, attitudes have changed a lot - among the public, police and prosecutors.

 

[GrumpyGregry]

I wonder if this was front page news?

https://www.standard.co.uk/news/lon...veals-only-one-in-10-drivers-are-9034187.html

 

[GrumpyGregry]

Now 11 years ago, and got a terrible roasting for its leniency even then (even by the Mail, says google). Since then, attitudes have changed a lot - among the public, police and prosecutors.

Yer, right. Michael Mason.

 

[User482]

A teenager driving too fast for the conditions in central London? Honking his horn twice and not braking - all captured on CCTV? Posting on pistonheads afterwards how it was nothing to do with him and all the victim's fault? An articulate middle-class victim's family?

Really?

I think it would still have been front-page news, and would still have resulted in a custodial sentence.

He did brake and he wasn't speeding. Motorist driving defective car within speed limit, brakes but not enough, hits pedestrian who stepped out without looking, doesn't sound like a headline to me. Mostly because there are so many cases of egregious driver behaviour to choose from.