Lady Justice Rafferty, Mr Justice MacKay and Judge Nicholas Loraine-Smith

[RedRider]

A deterrent stops people from taking deliberate course of action. You can never prevent simple human error which we are all guilty of.

Well a harsher sentence in this case could in theory deter by encouraging people to be more alert when driving.

I agree 'to err is human' though. It's a tough one and I'm glad I'm not a judge.

It's not good tho' when something like this gets turned on appeal. It could even have the opposite effect of a deterrent by encouraging people that they can get away with driving without care.

 

[Bromptonaut]

One is a bad sentence for a motoring offence the other may also be overturned on appeal - so far as I can find out the Cof A has yet to deliver a verdict.

 

[steve52]

we cant prevent human error but that dose not mean we should except it, lets drive standards and expectaions up, not down

 

[upsidedown]

A deterrent in this case is something that says "when you're in charge of a ton and a half of motorised metal, you might want to, you know, keep your eye on the road in case anything unexpected happens and you have to slow it down. If you can't manage that maybe you shouldn't be on the roads. "

 

[Grizzly]

Firstly I knew a guy who failed his driving test for taking his eyes off the road to fiddle with his demister, examiner says he should have been familiar enough with the vehicle to perform this action without putting others at risk. Sounds fair to me.
Secondly the argument of what prison is for is a separate discussion and not relevant here. I remember an outcry a few years ago because a nutter killed someone, he got locked up in a nut hut due to his mental condition and was then released as the medical facility could do nothing for his mental condition.
I work in aviation and trust me, if a pilot killed someone because he could not perform all the actions that would be expected of a reasonable pilot there would not have an "ah bless, shoot happens" approach. What this appeal is saying is that it is OK to take your eyes off the road to operate vehicle controls, and its OK to do so for long enough so as to cause a fatal accident.

 

[Keith Oates]

I don't think the prison sentence is applicable in this case but a life time driving ban should make sure he doesn't do it again!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[slowmotion]

It was a tragic accident. If you take the "facts" at face value, that really all it is. People get killed and injured on the roads. Even the most saintly driver might kill someone by making an error, a simple mistake. We could all be that person. Reinstating capital punishment for causing death on the roads isn't going to stop fatal accidents. Bad stuff does just happen, doesn't it?

 

[Andy_R]

Isn't a prison term supposed to be about rehabilitation and not punishment? Otherwise we would still have a system of breaking rocks and digging holes. As for capital punishment...well...come on, we're all grown ups here, not americans!

 

[Hip Priest]

Shot in the dark - He was a father of four killed by a driver looking at a heater!!!!!???

I don't understand. Would your view of the sentence be different if he was a single, childless man killed by a driver looking at a heater?

 

[Simba]

Well, if you ever want to kill someone just get in a car and mow them down. Likely just get a slap on the wrist and/or a fine.

 

[Banjo]

It must be great to be the perfect driver. Never distracted by anything even for a few seconds.Constantly 100 % alert.Never tired .

Unfortunately that driver doesnt exist. I have been driving for over 30 years without hurting anyone but accept I am only an average driver and a certain amount of good luck has got me to where I am now.

How many of those who think this guy should be imprisoned can put their hands on their hearts and say they have never once made even a tiny mistake or had a momentary lack of concentration on the road ,if you dont drive then same question applies to when your cycling.

 

[2Loose]

200 hours of unpaid work, banned from driving for 12 months and told to pay £1,200 costs.

That is still a greater punishment than some cases where the driver was known to cause death by recklessly driving.

I can see where the judges were coming from, depite personally thinking the sentence is not enough.

 

[abo]

But it wasn't error was it - the guy chose to concentrate on fiddling with heating controls, and watched his fingers twiddling the knobs, instead of the road.

I'll go along with you on this. When I'm driving I'm capable of operating all the controls within my reach without taking my eyes off the road. If they're out of reach then they don't get fiddled with while I'm driving.

It's not a hard concept, I don't understand why so many people do it...

 

[clarion]

Appalling.

 

[jdtate101]

Whilst this was an accident, lets not forget he killed some guy and destroyed a family through his carelessness and incapability to drive with due care and attention.IMHO he should serve at least 2yrs inside as a punishment for this. The poor kids and the wife have a life sentence and this has got to be a huge slap in the face for them.

Causing the death of someone else, whatever the circumstances must come with some sort of penalty.