Anyone on here a judge?

[EddyP]

Evening all,

We've been in the Crown court today for the sentencing of the guy that drove into my sister and killed her, it hasn't gone well for us though and he's ended up with just community service.

I'm wondering if there's anyone on here who's experienced with things like this or might be a judge that I could pose a few questions to please?

If so let me know.

Thanks

Ed.

[EddyP]

The full sentence, is a 6 month suspended, 250 hours community service, 18 month ban and a curfew on Fri/Sat nights for 3 months.

The charge was death by careless driving.

He was just under the drink drive limit on his breath test, evidence suggested he was excessively tired because he had been up till 2.30am on social media, (accident occurred at 18.40).
He claims that he was dazzled by oncoming headlights, when he regained his vision he saw he was heading into the verge so corrected, but was too aggressive in his correction and lost control, he was then travelling down the road sideways around a slight corner when he met my sister. It was established he was at the NSL (60mph) my sister was at 43mph, she didn't even get time to brake.
Clean licence, no previous.
He had a text message what they think is 2 mins after the accident, I just hope they've done a better job of this part of the investigation than much of the other stuff they've done, if he had that text just before the impact it would have changed things quite dramatically.....

It's the suspended part that upsets us the most, I don't care on the circumstances, if you take a life through your actions then any sentence should have a custodial part to it.

[EddyP]

I don't see the point of a suspended sentence. This is a normal guy, his chances of reoffending are extremely slim, therefore he will easily get by 18 months without doing time.
The only actual punishment to him is the community service, which he stated he could do on Sundays, that's not even a year of working on a Sunday. Throughout the entire process he has shown no remorse apart from in the letter to the judge with his plea, which I would guess was scripted by his solicitor.
It's an absolutely pathetic sentence for taking someones life, denying two young girls of the life with their mum, taking someones child, taking someones wife and taking my sister.
Yes it's an RTA, but it's his own actions that have caused it, she was doing nothing at all wrong, there should be a fair punishment for his actions to act as a deterrent to him and others like him.

[EddyP]

janesmith1950 said:

albeit one with very serious consequences (which are not being belittled), might cause more harm than it solves as the effects ripple.

Whilst I understand your post, and can see what you're saying, how is it possible to make this guy understand the effects within our family? His probation officer stated yesterday that he doesn't understand the gravity of what he's done.

Our family has quite literally been ripped apart. I can't put into words the pain we're going through, my mum is verging on a break down, so many times I've had my 3 year old niece ask where mummy is and say she misses her and wants her back, that kills me.
My 5 year old niece els has her moments struggling. Both of them with in the car with her, and we so nearly lost them both too.

He's now walked away and can carry on with his life, meanwhile we still have to work out how my brother in law continues his full time job whilst bringing up two young girls, my mum will take this to her grave, as will I. My nieces won't really know their mum, people don't remember things from that age, I know this, I lost my dad at 10, they'll know her through pictures but that is all. She was an incredible person that brought so much to so many people and she is a huge loss to society, she had a high profile job in the House of Commons and did much good for the country, all gone, thanks to this idiot.

[EddyP]

singlecoil said:

I think it will help you if you can come to terms with the fact that accidents happen, and can have dreadful consequences. You are acknowledging that it was an accident, but you still want him punished?

I should use the term RTC rather than RTA.

He should face punishment yes, why shouldn't he? He may not have intended to drive into her, but his actions did cause it, why shouldn't he be punished for his actions? For example driving at a reasonable speed, not driving whilst excessively tired, not driving whilst under the influence (OK not illegally but as the barrister said, he would have still slowed down his reaction times)

[EddyP]

superlightr said:

so sorry for your loss of your sister. What sentence would you have liked for him or felt would be correct?

I'd have been quite happy with it 6 months custodial rather than 6 months suspended. To someone like him I feel that prison would be a real shock to the system and scare the crap out him, an experience that would leave a scar for his life, as he has for us.

[EddyP]

Derek Smith said:

I'm sorry for your loss. I know how hard such a tragedy can hit a family. It is a terrible experience.

On the subject of the sentence, from what you've posted it seems about 'right' in the sense that the judge would appear to have followed the guidelines that govern him or her. The driver was within the limit. He has an explanation for his conduct. If it could be proven that tiredness had an effect on the cause then it might have been pushed the tariff up a bit.

At midday he did send a text to a friend to say he was shattered and was going to the pub, that show's he was aware of his tiredness. It is difficult to understand how much fatigue influences driving though, I agree with that.