Hit and run driver free to go...

Hit and run driver free to go...

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Discussion

jesusbuiltmycar

Original Poster:

4,537 posts

254 months

Wednesday 23rd July 2014
quotequote all
Free to go: driver who left body of 23-year-old dad in undergrowth by A31 escapes jail

To me this seams like a very lenient sentence, a man lost his life and the driver didn't even stop...

Even if the collision was un-avoidable the the driver should have had the decency to stop, report the accident and call an Ambulance. Instead he left the guy in the undergrowth, where he remained un-discovered for over 24 hours.

Who knows - if he had stopped the young lad might have survived...

ging84

8,897 posts

146 months

Wednesday 23rd July 2014
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jesusbuiltmycar said:
Who knows - if he had stopped the young lad might have survived...
Not at all clear from the article if that is true, i'm fairly certain it would have been discussed in court and would have factored into the judgment / sentence

tenpenceshort

32,880 posts

217 months

Wednesday 23rd July 2014
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The starting point for that offence involving serious injury/death is a high level community order. It can range from a fine to 26 weeks in prison.

Was this example the very worst of this kind of offence? Probably not, so you ought not be looking towards the maximum. Was it more serious than the starting point? I'd say so.

In my own opinion, I'd have thought it a fine line between an immediate and a suspended sentence. On one hand I think there being a death encourages the need for a strong sentence, on the other, if the lad is an otherwise law abiding, employed citizen, there is little benefit in putting him in jail. Note he was not prosecuted over his driving but 'only' for his failure to stop and report an accident. It may be that had he stopped and done so, no prosecution would have taken place at all.

Alucidnation

16,810 posts

170 months

Wednesday 23rd July 2014
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But covering ones tracks is perfectly ok.


barker22

1,037 posts

167 months

Thursday 24th July 2014
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It is interesting the mention of the micro scooter and the mothers statement

We understand that members of the public may have something to say about my son riding a scooter on the road. They don't know the circumstances of why he was trying to get home to his family.

There is no law saying that he could not ride on the road, as you see people walking and cycling along this road.

So as the article doesn't mention that the lad was riding his micro scooter perfectly legally can we assume this was taken into account for the sentencing. Basically he shouldn't have been there?

matrignano

4,369 posts

210 months

Thursday 24th July 2014
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Guy looks like a chav and was micro scootering at 6am.
One theory could be that he was off his tits and ran into the road?

Edited by matrignano on Thursday 24th July 17:01

anonymous-user

54 months

Thursday 24th July 2014
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The death isn't that relevant. He failed to stop and report an RTC. He shouldn't go to prison for that.

Alucidnation said:
But covering ones tracks is perfectly ok.
Lying to his partner doesn't really matter criminally. If he had continued to do this when being interviewed by the police, then he could have found himself facing more serious charges.

jesusbuiltmycar

Original Poster:

4,537 posts

254 months

Thursday 24th July 2014
quotequote all
barker22 said:
It is interesting the mention of the micro scooter and the mothers statement

We understand that members of the public may have something to say about my son riding a scooter on the road. They don't know the circumstances of why he was trying to get home to his family.

There is no law saying that he could not ride on the road, as you see people walking and cycling along this road.

So as the article doesn't mention that the lad was riding his micro scooter perfectly legally can we assume this was taken into account for the sentencing. Basically he shouldn't have been there?
The A31 is a dual carriageway and personally I try avoid it when cycling, riding a micro-scooter on it is pretty stupid, even at 6:00AM when it is usually very quiet.


The thing I find sickening is that the driver left the guy in the ditch and didn't bother to stop. As I said even if the accident was unavoidable (i.e. entirely the guy on the micro-scooters fault) leaving the guy in the ditch is despicable - that was not an accident but a cold and calculated decision.

anonymous-user

54 months

Thursday 24th July 2014
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In the heat of the moment he could have panicked and driven off. I can understand that response as you never know how you'll react in extreme situations. Where it became inexcusable was when he failed to return / report after the (potential) initial shock and panic.

Alucidnation

16,810 posts

170 months

Thursday 24th July 2014
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Indeed, but from I see is that he was searching for 'car crushing, that morning apparently, so must have had some idea of what had happened.

Law is an area I struggle to understand sometimes!

Snowboy

8,028 posts

151 months

Thursday 24th July 2014
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"Free to go" implies "unpunished".

He got a 3 month prison sentence, suspended for 12 months.
He got community service and a fine.
He got banned for 6 months.

He was punished for not reporting the accident.
Not for killing the man on the scooter.

It seems sort of fair.

6am september, dual carriageway.
It's dark. The man on the scooter had no lights or reflectors mentioned.
Anyone driving that road could have hit him.

The difference would have been what we did next.