5 year jail term for driver who fell asleep at the wheel
Discussion
This has recently appeared on the BBC website here http://news.bbc.co.uk/1/hi/england/no. A driver who fell asleep at the wheel killed a top-class racing cyclist on the A11 and has been given a 5 year sentence as a result.
Very sad indeed for all concerned
Tired motorist jailed over death
Zak Carr was renowned as a solo and tandem cyclist
A sleep-deprived motorist who killed a top race cyclist after a night without sleep during a holiday flight has been jailed for five years.
Donald Pearce, 49, landlord of the Farmhouse pub on Colman Road, Norwich, hit Zak Carr on the A11 near Wymondham, in Norfolk.
Mr Carr, 30, was cycling to work when the crash happened on 17 October 2005.
Pearce had denied death by dangerous driving, but was convicted following a trial at Norwich Crown Court.
During the trial, prosecutors said Pearce may have fallen asleep at the wheel.
Sleep deprived
The court heard Pearce and his wife had been in Turkey on a fortnight's holiday and had landed at Stansted Airport early in the morning.
Pearce had not had an overnight sleep between leaving Turkey the night before, arriving at Stansted, and driving back home to Norwich, the court heard.
Pearce later told police that he did not see the cyclist until the last moment.
Mr Carr was one of the top three cyclists in the country and held national records at short and long distances.
Judge Simon Barham jailed Pearce for five years and said he hoped the case would serve as a warning to motorists who contemplate driving when deprived of sleep.
Judge Barham also banned Pearce from driving for seven years and ordered him to take an extended driving test before getting behind the wheel again.
Pearce's insurers were also ordered to pay prosecution costs of £2,210.
Very sad indeed for all concerned
BBC said:
Tired motorist jailed over death
Zak Carr was renowned as a solo and tandem cyclist
A sleep-deprived motorist who killed a top race cyclist after a night without sleep during a holiday flight has been jailed for five years.
Donald Pearce, 49, landlord of the Farmhouse pub on Colman Road, Norwich, hit Zak Carr on the A11 near Wymondham, in Norfolk.
Mr Carr, 30, was cycling to work when the crash happened on 17 October 2005.
Pearce had denied death by dangerous driving, but was convicted following a trial at Norwich Crown Court.
During the trial, prosecutors said Pearce may have fallen asleep at the wheel.
Sleep deprived
The court heard Pearce and his wife had been in Turkey on a fortnight's holiday and had landed at Stansted Airport early in the morning.
Pearce had not had an overnight sleep between leaving Turkey the night before, arriving at Stansted, and driving back home to Norwich, the court heard.
Pearce later told police that he did not see the cyclist until the last moment.
Mr Carr was one of the top three cyclists in the country and held national records at short and long distances.
Judge Simon Barham jailed Pearce for five years and said he hoped the case would serve as a warning to motorists who contemplate driving when deprived of sleep.
Judge Barham also banned Pearce from driving for seven years and ordered him to take an extended driving test before getting behind the wheel again.
Pearce's insurers were also ordered to pay prosecution costs of £2,210.
Edited by njwc on Monday 29th January 16:17
andy400 said:
All very sad, but I can't help thinking the sentence is somewhat disproportionate for an accident. Esp when so many who commit crimes with deliberate intent get away with much less.
I assume there was no one forcing him to drive home. He had a choice to stop overnight somewhere but elected to drive while tired. Because of that, I'm not sure it was really an accident as there was negligence on his part.
I think the crimes you mention ( "crimes with deliberate intent" ) need to be increased so they are in line with this one.
It was manslaughter and it shouldn't make any difference that the instrument involved happened to be a car.
editted to fix formatting
Edited by TangoAlpha on Monday 29th January 16:28
You could look at it from the victims family's side of things ie is that what his life was worth 5 years and he will probably be out halfway through the sentance.Surely if your that tired you should not be behind the wheel in the 1st place.How would you feel if it was one of your loved ones?
TangoAlpha said:
andy400 said:
All very sad, but I can't help thinking the sentence is somewhat disproportionate for an accident. Esp when so many who commit crimes with deliberate intent get away with much less.
I assume there was no one forcing him to drive home. He had a choice to stop overnight somewhere but elected to drive while tired. Because of that, I'm not sure it was really an accident as there was negligence on his part.
Edited by TangoAlpha on Monday 29th January 16:28
Absolutely.
I cannot recall the details, but at the time of the collision the cyclist was actually riding within the "protection" of a layby, to the left of the line marking the edge of the carriageway.
The driver had made an overnight journey that included a flight from abroad, during which, the court decided, he could have got at most three hours sleep.
A witness in a following car testified that, after hitting the cyclist, the driver did not stop but carried on up the road.
Not your ordinary miscue.
TangoAlpha said:
andy400 said:
All very sad, but I can't help thinking the sentence is somewhat disproportionate for an accident. Esp when so many who commit crimes with deliberate intent get away with much less.
I assume there was no one forcing him to drive home. He had a choice to stop overnight somewhere but elected to drive while tired. Because of that, I'm not sure it was really an accident as there was negligence on his part.
I think the crimes you mention ( "crimes with deliberate intent" ) need to be increased so they are in line with this one.
It was manslaughter and it shouldn't make any difference that the instrument involved happened to be a car.
editted to fix formatting
Criminal gross negligence.
vonhosen said:
TangoAlpha said:
andy400 said:
All very sad, but I can't help thinking the sentence is somewhat disproportionate for an accident. Esp when so many who commit crimes with deliberate intent get away with much less.
I assume there was no one forcing him to drive home. He had a choice to stop overnight somewhere but elected to drive while tired. Because of that, I'm not sure it was really an accident as there was negligence on his part.
I think the crimes you mention ( "crimes with deliberate intent" ) need to be increased so they are in line with this one.
It was manslaughter and it shouldn't make any difference that the instrument involved happened to be a car.
editted to fix formatting
Criminal gross negligence.
Why is it criminal?
Where is the intent?
jith said:
vonhosen said:
TangoAlpha said:
andy400 said:
All very sad, but I can't help thinking the sentence is somewhat disproportionate for an accident. Esp when so many who commit crimes with deliberate intent get away with much less.
I assume there was no one forcing him to drive home. He had a choice to stop overnight somewhere but elected to drive while tired. Because of that, I'm not sure it was really an accident as there was negligence on his part.
I think the crimes you mention ( "crimes with deliberate intent" ) need to be increased so they are in line with this one.
It was manslaughter and it shouldn't make any difference that the instrument involved happened to be a car.
editted to fix formatting
Criminal gross negligence.
Why is it criminal?
Where is the intent?
Because it's a criminal offence.
Intent is not required, it's on objective test of competence & carefulness.
vonhosen said:
jith said:
vonhosen said:
TangoAlpha said:
andy400 said:
All very sad, but I can't help thinking the sentence is somewhat disproportionate for an accident. Esp when so many who commit crimes with deliberate intent get away with much less.
I assume there was no one forcing him to drive home. He had a choice to stop overnight somewhere but elected to drive while tired. Because of that, I'm not sure it was really an accident as there was negligence on his part.
I think the crimes you mention ( "crimes with deliberate intent" ) need to be increased so they are in line with this one.
It was manslaughter and it shouldn't make any difference that the instrument involved happened to be a car.
editted to fix formatting
Criminal gross negligence.
Why is it criminal?
Where is the intent?
Because it's a criminal offence.
Intent is not required, it's on objective test of competence & carefulness.
Ach Liebchen. Our views on this case are well known from the thread initiated by liebsten cousin who ist BiB with Durham (he ist ex Hendon graduate und I appreciate being a passenger in his car. When he ist passenger though
- ist like being on a d-d-d-driving test. We do not condone.. but we understand a human condition - und the situation from each side. Zak was a cycling treasure.. by all accounts a very thoroughly decent person as well as a toppest athlete. A severe loss to cycling as sport und cycling as pleasure und leisure und commute mode too. As we lost Ferdl in road incident und his brother Rudi in plane crash within fortnight of each other at the time.. we would say to that family (if we knew personally) to focus on the life of the man.. remember him as alive .. und the things he did that made you laugh und love him. Steer clear of vengeance .. it consumes with hate ... that ist what we would say in soothing terms to this grieving family. We have been to the bottom of that paritcular abyss with Ferdl und Rudi alike .. you have to push your way back to the light to survive it.
My Mad Doc husband posted up some tips on a twin thread to this on Paulie's safespeed site as to how to recognise when you are really und truly too tired to continue as normal. Most of it basic common sense... but you know common sense .. ist not very "common" really. Hand-wringing as he rightly say does not bring Zak back to life. But if we make people recognise the tell tale sign of fatigue.. then we give more value back to Zak's memory. Mad Doc's posted the basics on fatigue in simplest terms to try to at least get any on-line browsers (und let's face it.. those looking for answers if in bother will hit on sites like here, pepipoo und safespeed for advice. He kept it simple und in layman talk for once
But ...
We understand.
Guy went on his holidays. He had nice holiday.. but the trouble with these package und budget trips.. they not fly at normal time of day. You check in at absurd hour und hang around waiting. This lead to boredom .. und boredome ist actually tiring . Instead of spending an extra night to refresh in a Novotel/budget type hotel at decentish rate for the room for two.. he ist anxious to get home to "proper cup of your English tea". He does not realise in his angst to get home that he ist now depleting the reserves of an adrenalin surge which kept him going during the travel time. He delude himself into thinking he ist in fullest form to drive his car.. yet .. he ist in danger of the "anti-climax" .. which mean he suddenly drain of all energy .. und he go "woozy". Unfortunately for Zak.. he does so just as he approach Zak.
He go into denial to self protect his sanity as he cannot comeprehend that he commit this atrocious act of taking someone else's life. He remain in this state as his lawyer tell him perhaps to "admit nothing harmful to his case" whilst lawyer seek to mitigate the incident und seek some clemency for him.
He fully believe when he put suitcases in boot to get home that he ist still lucid enough as well. He ist driven by desire to get home as well. He cannot see how he fell asleep perhaps.
I try to put myself into his mind. After all the lorry driver had no idea that his lorry had a "bad feel" until it ploughed through central reserve und kill Ferdl that day..,, und the man who was dying when he struck my car .. he did not actually know he was dying when he complained of feeling unwell at breakfast that morning either. I am sure that had he known this .. he would have wanted to go in his wife's loving arms.
I try to explain as this person perhaps made his decision.
When the true awfulness of what happen filter from sub-conscience to live conscience.. the person will suffer terrible guilt und remorse for a lifetime in much the same way as the bereaved feel a gap in the family.
So no .. I do not see him as "criminal". Singularly stupid perhaps in not realising that you only feel refreshed from a holiday if you get some much needed sleep with the R&R.
But in term of "criminal negligence und singular stupidity" case has perhaps broad und loose connection with the idiot who had severest burns to his buttocks und anal passage treated on NHS because he stuck a firework in his anus und lit it.
Ja .. stupid. I call that criminal self harm. He was treated on NHS und not asked to pay one penny.
Stupidity would seem to be a human norm.
Flat in Fifth said:
Apropos of nothing within this thread but:-
tongue-in-cheek
Ordered to pay prosecution costs of £2,210. Crown court.
Yet Peter Ward in his thread is being threatened by Norfolk scamps with somewhat higher costs. Magistrates court
/tongue-in-cheek
tongue-in-cheek
Ordered to pay prosecution costs of £2,210. Crown court.
Yet Peter Ward in his thread is being threatened by Norfolk scamps with somewhat higher costs. Magistrates court
/tongue-in-cheek
Ach .. but Liebchen.. liebster Peter ist accused of driving safely enough . but faster than they deem suitable with no cyclist nor pedestrian nor child in sight. Accidents do not happen at lucrative spots where people might blip over in safety. They occur when people are tired, drunk, drugged, ill or in possession of a defective pool car und driver not qualified.. und they happen where no one speeds as such either.
It's not exactly a mammoth flight back from Turkey - and 3 hours sleep? I (and many others too)often would have little more than that on a "school" night, then be in the office 15 miles away for 8am.
I have *never* driven when I feel sleepy though, nor will I let friends do the same.
I have *never* driven when I feel sleepy though, nor will I let friends do the same.
Edited by tigger1 on Monday 29th January 23:33
I've driven many times with only 3 hours sleep, but trust me when I say I'm used to it. I've been getting up and driving without much sleep for years, after a while your body learns to deal with it quite easily. I don't get drowsy at the wheel at all until I'm on my way home (after a long day), and I will always pull off the motorway and sleep/eat/rest until I'm able to continue.
I'm glad this idiot has been locked up. Nobody here would bat an eyelid if he'd gone out and downed 5 Ace and driven home and then been locked up for the same.
Driving in that state is no different.
I'm glad this idiot has been locked up. Nobody here would bat an eyelid if he'd gone out and downed 5 Ace and driven home and then been locked up for the same.
Driving in that state is no different.
Edited by Parrot of Doom on Monday 29th January 23:49
tigger1 said:
It's not exactly a mammoth flight back from Turkey - and 3 hours sleep? I (and many others too)often would have little more than that on a "school" night, then be in the office 15 miles away for 8am.
I have *never* driven when I feel sleepy though, nor will I let friends do the same.
I have *never* driven when I feel sleepy though, nor will I let friends do the same.
Edited by tigger1 on Monday 29th January 23:33
Ach.. but prosecution argued he fell asleep at wheel.
I think we perhaps have waiting times in airport to board this plane .. und perhaps some tension caused by the boredom of the wait. This lead to sense of anti-climax when "pressure ist released" .. und body go into a shut down mode in some. I suspect this occur.
It does not excuse him. Common sense dictate you need some rest und I think we should sense if "travel weary" too.
I suspect his adrenalin kept him going until he secure his luggage. He then relaxes und the fatigue overtake him... with tragic result for all concerned.
Sadly. I suspect he ist not alone.. nor will he be last one to cause tragedy to others und ruin his own life with such tragic sadness.
I can only hope we focus less on speed und more on real causes of accident. I do not know where lieber von lives .. all I know ist that BBC und ITV do not broadcast any other Think! other than the "sliding doors pizza/seatbelt", the table hitting und killing the girl in the pub.. und the "for a reason" adverts about once per week if we are "lucky"
Mad Doc recall days when no respectable commercial break failed to include Clunk Click/Be Seen/Green Cross/ Look Left/Right/Listen/Wooden Top/Weaver Bird/ The angry car over high beams... und so on..
Swiss TV show various each commercial break still.. too. including one on being tired.
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