Another sentence for causing death by careless driving

Within a few days of my last post there has been another case.  Putting a table into my post is beyond me, so click here for a table of recent cases.  Karl Austin was killed whilst time trialing on the A 50 dual carriageway in Derbyshire on 30th June last year.  He was struck by a lorry driven carelessly by Michael Bray.  Bray claimed not to have seen Mr Austin on a clear straight dual carriageway notwithstanding a strong flashing rear light.

Bray was sentenced to 24 weeks imprisonment though this sentence was suspended.  He was disqualified from driving for 2 years.  This, as my table demonstrates, is a relatively severe punishment for causing death by careless driving.

The facts of this case bear a striking similarity to those in the Katie Hart case.  One difference though is that Katie Hart was driving a small car.  Bray was in charge of a 26 tonne lorry.  It is not at all clear why the CPS in Derbyshire did not follow the lead of the CPS in Cambridgeshire in the Hart case and charge with causing death by dangerous driving.

The Austin family have in my view good cause to be dissatisfied with the way this case has been handled.   They had to fight heard to ensure it was heard in the Crown Court.  Bray's only 'explanation' for running down Mr Austin was that he did not see him.  There was a muted suggestion that perhaps the sun was responsible (this has worked well in other cases) or that he was driving a lorry notwithstanding some visual defect.

Katie Hart may well feel disgruntled.  She got what she deserved but is almost alone in that.