Suspended sentence for 95 year old driver who killed a man.

Suspended sentence for 95 year old driver who killed a man.

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The Surveyor

Original Poster:

7,576 posts

237 months

Thursday 4th January 2018
quotequote all
http://www.windsorobserver.co.uk/news/15807905.Dri...95who_killed_cemetery_worker_avoids_prison/

This was reported on the radio news earlier today. The 95 year old driver who pressed the accelerator rather than the brake and ran through a hedge in a cemetery and killed a man has received a 16 month suspended sentence for causing death by dangerous driving. Small fine along with a lifetime (!) ban.

A sad case all-round but for me the sentence has been suspended because of her age as anybody else doing the same whilst impaired for any other reason than being a bit old and confused would be locked up. If she was still fit to be driving, she is still fit to spend time in prison.


TooMany2cvs

29,008 posts

126 months

Thursday 4th January 2018
quotequote all
What possible benefit to anybody is there in her spending her last few days in prison, ffs?

BTW, it'll probably outrage you even more that there was no fine at all.

Gmlgml

388 posts

81 months

Thursday 4th January 2018
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Prison tap all use in this case; they would just be a burden on the hospital wing and no doubt in and out of the establishment like a yo-yo to go to medical appointments.

Prison serves no purpose for this person.

As sad as the case is for all concerned I’d be asking questions of A) the GP who signed them as fit to drive and B) their family, who must have realised their loved one shouldn’t be on the road.

TooMany2cvs

29,008 posts

126 months

Thursday 4th January 2018
quotequote all
Gmlgml said:
As sad as the case is for all concerned I’d be asking questions of A) the GP who signed them as fit to drive
Even at 95, they don't need "signing as fit". They're presumed fit unless signed as UNfit. They simply need to self-certify every three years.

Gmlgml said:
and B) their family, who must have realised their loved one shouldn’t be on the road.
And there we get to the perennial dilemma of families everywhere.

BTW, other media sources say she was at the cem visiting her husband's grave on the anniversary of their wedding, Feb 14th... Perhaps she was perfectly capable of driving, given less emotional circumstances?

How many other elderly drivers hit the wrong pedal? It's a regular - the little old lady over the road from where we used to live only handed her licence in when she did the same. It's only the consequences of this one that escalate it so much over simply demolishing a wall or hedge, or biffing somebody else's parked car. It's hard to see why DbDD is more appropriate than DbCD, without more information - but, really, it's academic. She (quite rightly, and probably too late) stuck her paw up and said "Never driving again"... What else can really be done?

surveyor_101

5,069 posts

179 months

Thursday 4th January 2018
quotequote all
TooMany2cvs said:
What possible benefit to anybody is there in her spending her last few days in prison, ffs?

BTW, it'll probably outrage you even more that there was no fine at all.
Deter some other selfish old people from driving.

It's sad but true! Many keep driving when they know they are past it. I know a mobile chiropodist who says she sees many who can barely see the telly but when she asked how to get about, they say oh I drive. She normally asked them if it was a young child would you be able to stop!

Most won't answer that question!

Rude-boy

22,227 posts

233 months

Thursday 4th January 2018
quotequote all
TooMany2cvs said:
And there we get to the perennial dilemma of families everywhere.

BTW, other media sources say she was at the cem visiting her husband's grave on the anniversary of their wedding, Feb 14th... Perhaps she was perfectly capable of driving, given less emotional circumstances?

How many other elderly drivers hit the wrong pedal? It's a regular - the little old lady over the road from where we used to live only handed her licence in when she did the same. It's only the consequences of this one that escalate it so much over simply demolishing a wall or hedge, or biffing somebody else's parked car. It's hard to see why DbDD is more appropriate than DbCD, without more information - but, really, it's academic. She (quite rightly, and probably too late) stuck her paw up and said "Never driving again"... What else can really be done?
Agree that prison would not be appropriate in this case and suspect that the LOL regrets every second of that day every single day, unlike some in her shoes.

What should be done though is that cases like this and those of that old boy who was done late last year should be made much more public (as in not just a few newspaper bits on the case but a proper campaign.


surveyor_101

5,069 posts

179 months

Thursday 4th January 2018
quotequote all
Rude-boy said:
Agree that prison would not be appropriate in this case and suspect that the LOL regrets every second of that day every single day, unlike some in her shoes.

What should be done though is that cases like this and those of that old boy who was done late last year should be made much more public (as in not just a few newspaper bits on the case but a proper campaign.
The courts send a 73-year-old to prison for non-payment of less than £400 of council tax but causing death by dangerous no!

When it comes to the collection of taxes prison is fine for the elderly!

http://www.telegraph.co.uk/news/1499246/Woman-73-j...



Toltec

7,159 posts

223 months

Thursday 4th January 2018
quotequote all
The Surveyor said:
http://www.windsorobserver.co.uk/news/15807905.Dri...95who_killed_cemetery_worker_avoids_prison/

This was reported on the radio news earlier today. The 95 year old driver who pressed the accelerator rather than the brake and ran through a hedge in a cemetery and killed a man has received a 16 month suspended sentence for causing death by dangerous driving. Small fine along with a lifetime (!) ban.

A sad case all-round but for me the sentence has been suspended because of her age as anybody else doing the same whilst impaired for any other reason than being a bit old and confused would be locked up. If she was still fit to be driving, she is still fit to spend time in prison.
There is your logic, clearly not fit to be driving, therefore not fit to be imprisoned.

A fine would also be useless, compensation to the victim's family maybe.

TooMany2cvs

29,008 posts

126 months

Thursday 4th January 2018
quotequote all
surveyor_101 said:
The courts send a 73-year-old to prison for non-payment of less than £400 of council tax but causing death by dangerous no!

When it comes to the collection of taxes prison is fine for the elderly!
You can't see any difference at all between a 73yo deliberately making a political point by refusing to pay tax, and a 95yo who simply pressed the wrong pedal at the wrong time and promptly handed her licence in?

surveyor_101

5,069 posts

179 months

Thursday 4th January 2018
quotequote all
TooMany2cvs said:
You can't see any difference at all between a 73yo deliberately making a political point by refusing to pay tax, and a 95yo who simply pressed the wrong pedal at the wrong time and promptly handed her licence in?
Of course, there is a difference but we need to stop unnecessary deaths.

The lady involved we in a dispute over her boundary so it wasn't political.

There is no deterrent to stop the elderly taking to the road.


Atomic12C

5,180 posts

217 months

Thursday 4th January 2018
quotequote all
TooMany2cvs said:
What possible benefit to anybody is there in her spending her last few days in prison, ffs?
It could be argued that it would serve as a deterrent message to others. Therefore a benefit to society.
Otherwise there is the message of a big green light for the elderly (who are these days generally more healthy for their age than days gone by - and living longer), to basically act without consequence.


anonymous-user

54 months

Thursday 4th January 2018
quotequote all
surveyor_101 said:
Rude-boy said:
Agree that prison would not be appropriate in this case and suspect that the LOL regrets every second of that day every single day, unlike some in her shoes.

What should be done though is that cases like this and those of that old boy who was done late last year should be made much more public (as in not just a few newspaper bits on the case but a proper campaign.
The courts send a 73-year-old to prison for non-payment of less than £400 of council tax but causing death by dangerous no!

When it comes to the collection of taxes prison is fine for the elderly!

http://www.telegraph.co.uk/news/1499246/Woman-73-j...
Apples and Oranges.

73 isn't 95.

She'd have be given a million chances to pay her CT.

surveyor_101 said:
There is no deterrent to stop the elderly taking to the road.
Would putting this woman in prison be a deterrent to the 'elderly taking to the road'?

The threat of prisons wasn't a deterrent for that elderly women in terms of paying her CT.






ferrariF50lover

1,834 posts

226 months

Thursday 4th January 2018
quotequote all
surveyor_101 said:
we need to stop unnecessary deaths.
Shall we start by introducing prohibition and banning the sale of tobacco? That's probably going to save more lives than the half-dozen a year caused by befuddled nannas.

What's #bregzit costing us? £50 billion? How many lives could the NHS save with that?

Silly argument is silly.

InitialDave

11,882 posts

119 months

Thursday 4th January 2018
quotequote all
surveyor_101 said:
Of course, there is a difference but we need to stop unnecessary deaths.

The lady involved we in a dispute over her boundary so it wasn't political.

There is no deterrent to stop the elderly taking to the road.
She's stopped driving. Maybe other people will read about what happened, consider a couple of near misses they've had themselves, and decide to stop also.

I agree that prison wouldn't be appropriate in this case. You'd just be doing it in order to feel something was being done, not because it's the only way to stop her endangering others.

AllyBassman

779 posts

112 months

Thursday 4th January 2018
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Assuming they're a decent human being,

they will have to live with the guilt of taking a life for the rest of theirs. That in itself is a punishment.

Ross_T_Boss

163 posts

218 months

Thursday 4th January 2018
quotequote all
The Surveyor said:
If she was still fit to be driving, she is still fit to spend time in prison.
I recently followed my 96 year old Grandfather-in-law to the cemetery where his wife was buried. He didn't drive brilliantly, and it highlighted a need to keep an eye on it, but not poor enough to warrant removing a license. Fast forward a few months to November; my father-in-law tragically dies at 66, his father was devastated. Recognising the impact on him we did our best to prevent him driving, short of taking his keys but agreed he'd get assessed. Days later I had a call from a police officer that followed him home, concerned his driving was sub-standard and he seemed very confused and upset. Within 24 hours he was in hospital, and next week we'll bury him next to his wife.

My point is - the world is not that simple and never will be. One week someone can just about pass as a competent driver, the next week they can't (but still do and kill someone) and the next week their body and mind have given up completely and they're dead.

The Surveyor

Original Poster:

7,576 posts

237 months

Thursday 4th January 2018
quotequote all
TooMany2cvs said:
What possible benefit to anybody is there in her spending her last few days in prison, ffs?

BTW, it'll probably outrage you even more that there was no fine at all.
Apologies on the fine / costs error, I read the £535 figure as a fine rather than costs. I'm not outraged, just confused by the sentence being suspended. I'll leave the outrage for the widow who reportedly left the court devastated.

As for what possible benefit there would be for sending her to prison, you could equally argue there is no benefit sending anybody to prison for a driving error. The benefit is punishment, deterrent, and justice.

The reality is that as a society, we have accepted that you face a custodial sentence for causing death due to dangerous driving. You're more likely to be banged up if that death is due to the driver being impaired by drink or drugs, which again is something everybody accepts.

This lady's driving was impaired due to her age which resulted in her not just briefly confusing the accelerator for the brake, but resulted in her keeping her foot on the wrong pedal whilst the car hit a verge when she steered around a parked lorry, crashed through a hedge and careering across a car park, all before hitting and killing the guy in the cemetery.

I'd hazard a guess that if a younger person had done the same because they were drunk, they quite rightly wouldn't be walking free from the court, because she is impaired by her old age she's free to go. Disappointing inconsistency IMHO.





Rick101

6,967 posts

150 months

Thursday 4th January 2018
quotequote all
It seems to be accepted as collateral damage.

Too difficult to deal with, too much hassle, too expensive, don't want to upset the oldies.
Lets just let people who are clearly not safe to be driving continue on until they kill someone. Then we'll 'ask' them not to drive anymore.

Disgraceful.

More than happy for elderly drivers to be on the road but (and this applies to all drivers) testing should be regular and compulsory.

SCEtoAUX

4,119 posts

81 months

Thursday 4th January 2018
quotequote all
She should have been sent to prison, something which might well make a few more old people think about whether they're fit to drive.