Suspended Sentence For Taxi Driver "Blinded By The Sun".

[classic33]

A taxi driver who caused the death of a “highly respected” headteacher in a crash as he cycled to work has been given a suspended prison sentence.

Jeremy Richardson, 61, died when he was knocked off his bike by 60-year-old Fiaz Hussain in Barkerend Road, Bradford, in June 2022.

Mr Hussain, of Barkerend Road, was originally charged with causing death by dangerous driving but pleaded guilty to the lesser charge of causing death by careless driving.

Hussain, who was sentenced at Bradford Crown Court, said he had not been able to see Mr Richardson coming downhill towards him because he was “blinded by the sun”.

https://www.bbc.co.uk/news/articles/c6298g40w0zo

 

[Drago]

How on Earth is being blinded by the sun any kind of mitigation?

If you can't see then bloody well stop immediately.

 

[raleighnut]

Doesn't mention if he had his licence revoked or even if he was banned, 'suspended sentence' is no punishment IMHO.

 

[Drago]

He has, for all intents and purposes, escaped punishment at all beyond giving up a few hours of his time. Disgraceful when one considers the best excuse he could come up with is on which required him to stop his vehicle instead of ploughing on regardless.

This distinction between Careless and Dangerous driving needs binning. You're either driving in a careful, competent and lawful manner...or you are not.

 

[ebikeerwidnes]

How on Earth is being blinded by the sun any kind of mitigation?

If you can't see then bloody well stop immediately.

I agree

Sympathy to the family of the cyclist if they ever see this

I remember going on holiday when I was a kid and we were driving due East first thing in the morning along the East Lancs Road
This is a busy trunk road and at the time was the main route from Liverpool to Manchester
My Dad was driving and slowed right down and hugged the left side of the dual carriageway because the Sun was blinding - several cars were doing the same thing
AT the same time a whole stream of traffic was passing us at normal dual carriageway speeds - in spite of the road have loads of junctions, side roads joining it and cross roads - with and without traffic lights at the time
No way those drivers could see a damn thing ahead of them

 

[Brandane]

And yet.... My nephew was charged with driving without due care and attention after an incident where he pulled out of a T junction, into the path of a cyclist. Cyclist hit the car, came off, and broke a finger. No problem with the charge being brought, but the sentence (for a 25 year old first offender, been driving 7 years).... 1 year driving ban, 200 hours community service, £200 fine, £200 court costs.
In the past I would have said fair punishment, but where is the consistency?

 

[CXRAndy]

You don't need a license or anything else to drive in Bradford, it's the uninsured capital of the UK

I used to travel through Bradford daily for years.

I now take a wide arc all the way upto Wetherby to stay clear of Bradford and Leeds city.

 

[matticus]

In the past I would have said fair punishment, but where is the consistency?

It's a mug's game seeking "consistency" in sentences. Every situation is different, so EVEN IF you got the same judge, the sentences won't be "consistent".
Just leave it be ...

 

[markemark]

It's a joke. Solicitor looks at the map, notes the time of day and the weather on the day. Probably 1 in 6 chance the weather and sun direction lines up. Solicitor asks if the driver was blinded by the sun, wink wink. Yes. Case to be argued and has historically won.

 

[matticus]

Here is the sentencing guideline. I am now baffled; it says automatic DSQ, and minimum of a community service order. Is the latter outranked by a suspended prison sentence?
https://www.sentencingcouncil.org.u...g-death-by-careless-or-inconsiderate-driving/

Causing death by careless or inconsiderate driving
Road Traffic Act 1988, s.2B

Guideline effective from: 01 July 2023

Triable either way
Maximum: 5 years’ custody
Offence range: Community order – 4 years’ custody

Obligatory disqualification: minimum 12 months (with discretionary power to order disqualification until an extended retest is passed).

 

[classic33]

It's a joke. Solicitor looks at the map, notes the time of day and the weather on the day. Probably 1 in 6 chance the weather and sun direction lines up. Solicitor asks if the driver was blinded by the sun, wink wink. Yes. Case to be argued and has historically won.

Cyclist headed south (on his way to work) hit by car headed north. Driver of the car "blinded by the sun".

BBC report said Byron Street in the days after the incident.

https://www.bbc.co.uk/news/articles/cz94v6le046o

 

[Brandane]

Cyclist headed south (on his way to work) hit by car headed north. Driver of the car "blinded by the sun".

BBC report said Byron Street in the days after the incident.

https://www.bbc.co.uk/news/articles/cz94v6le046o

But the report in the OP's link says Barkerend Road, which appears to run roughly east/west. Still not a legitimate defence in the eyes of any right thinking person, though....

 

[derrick]

How on Earth is being blinded by the sun any kind of mitigation?

If you can't see then bloody well stop immediately.

We had a driver pull up at traffic lights, said he could not see as the sun was so low. did he get a mouthful, his wife also had a right go at him.

 

[classic33]

But the report in the OP's link says Barkerend Road, which appears to run roughly east/west. Still not a legitimate defence in the eyes of any right thinking person, though....

Noticed the direction Barkerend Road runs. As you say roughly east/west. However the first reports, including the BBC's say Byron Street, which runs roughly north/south, with buildings on the righthand side as you go up. How would the early morning sun be a factor.

 

[Chris S]

You don't need a license or anything else to drive in Bradford, it's the uninsured capital of the UK

I used to travel through Bradford daily for years.

I now take a wide arc all the way upto Wetherby to stay clear of Bradford and Leeds city.

It's the same in Sparkhill. I have to cycle through it every day though.