Woman cyclist killed in Victoria (tipper truck)

[Shaun]

Please be considerate of the fact that this thread is about a specific (and ongoing) case. If you want to discuss filtering, roadcraft (or the lack thereof), dirver and cyclist responsibility, etc. in more general terms then please start a new thread.

Thanks,
Shaun

 

[Origamist]

"Alan Warwick, 61, of Rayleigh, Essex, admitted causing Hitier-Abadie’s death by careless driving at Southwark Crown Court last month. The cyclist was killed while riding a Boris Bike when Warwick, whose vehicle was involved in Crossrail works near Victoria Station, struck her during morning rush hour. Witnesses at the time reported seeing the bike crushed beneath the truck's wheels. The court that Hitier-Abadie had died instantly.

Warwick was busy tidying his cab at the time of the collision and had failed to indicate left at the junction of Bressenden Place and Victoria Street.

Sentence: community order of 160 hours’ unpaid work and disqualified from driving for 12 months...

http://road.cc/content/news/186812-...list-spared-jail-after-victims-husband-pleads

 

[benb]

Pretty pathetic.
I could accept the lack of a custodial sentence if the disqualification was a meaningful length, but the judge has gone for the minimum level of disqualification allowed.

 

[glasgowcyclist]

Sentence: community order of 160 hours’ unpaid work and disqualified from driving for 12 months...

Yeah, that'll teach him and any other careless truck drivers out there.

GC

 

[Pale Rider]

I know - pitiful.

I'm going to drop a line to the CPS to see if they'll appeal the undue leniency.

You could, but as death by careless is an either way offence - triable at magistrates or crown court - it is not possible for the CPS to appeal an unduly lenient sentence.

Although there's never any harm in demonstrating public disquiet about a sentence.

 

[Blue Hills]

yes, I seem to recall that.

 

[Pale Rider]

I wonder what happened to that witness, the one who saw her ignore the left-indicating warning because she was on her phone?

I think he deleted much of his eye witness post on another forum, and didn't respond to what appeared to be a genuine request from the officer in charge of the investigation to get in touch.

 

[Pale Rider]

As the case was heard at the Crown Court then Part IV of the Criminal Justice Act 1988 applies and the case can be appealed by the CPS.

Part IV of CJA 1988 gives a list of offences which can be referred, many sexual and drugs related, but death by careless is not among them.

Otherwise, it's indictable only offences - ones which can only be tried in the crown court.

Death by careless can be heard in magistrates.

This one wasn't, but that's irrelevant for this purpose.

http://www.cps.gov.uk/legal/s_to_u/unduly_lenient_sentences/

 

[Pale Rider]

The CPS guidance is quite clear 'indictable only', which I think is what they will rely on.

If you can steer them in another direction, all well and good - and it would be a good achievement as well.

 

[glasgowcyclist]

Quite right, the judge appears to have been unduly influenced by the plea from the widower and extended that from custodial sentence to meaningful sentence whatsoever.

My reading of his reported comments is that he'd already decided on a lenient penalty and the widower's plea for leniency confirmed his judgement.


GC

 

[Pale Rider]

[QUOTE 4244990, member: 9609"]you would think that snippet would guarantee a custodial sentence! driving a 32t truck in heavy traffic amongst roadworks in a built up area and he was 'tidying his cab'?.

Prosecutor Ian Paton said: "She was visible and obvious, her coat was billowing behind her as she moved, she was bare-legged. She was manifestly visible. It seems he does now accept that he was tidying his cab and not focussing as he should have been on the surrounding conditions."

and what exactly has 'bare-legged' got to do with anything.

was this actually a real court ?[/QUOTE]

When a case is opened, there will be some descriptive passages.

For example, I recall a murder in which a husband did his wife with a hammer as she was sitting on the sofa.

The prosecutor said: "He brought the hammer down with such force that pieces of unfortunate victim's skull were later found embedded in the ceiling."

One could ask: "What's bits of her skull got to do with it?"

But the alternative: "He used a hammer to cause a fatal head injury" is flat and dull in comparison, particularly when you are trying to hold the attention of a jury.

 

[Blue Hills]

Never underestimate the mad things trolls will say to make themselves feel important.

????

 

[Blue Hills]

I think he deleted much of his eye witness post on another forum, and didn't respond to what appeared to be a genuine request from the officer in charge of the investigation to get in touch.

Ah, this rings a bell, eventually.i seem to remember seeing the post, and a police officer coming onto whatever forum it was asking for more info.

 

[glenn forger]

http://www.telegraph.co.uk/men/recr...-courts-so-soft-on-drivers-who-kill-cyclists/

 

[glasgowcyclist]

http://www.telegraph.co.uk/men/recr...-courts-so-soft-on-drivers-who-kill-cyclists/

Some sentences are perverse. Can you imagine a driver getting a 3 month prison sentence for a non-contact, no injury SMIDSY on a cyclist? Not farkin' likely.. but do that to another car driver...


GC