Friday 13 April 2012

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.

6 comments:

  1. Hi, Thanks for your excellent posts. Don't know if you've seen this - comments from BBC reporter Quentin Rayner: http://ipayroadtax.com/no-such-thing-as-road-tax/bbc-east-midlands-reporter-belittles-death-of-a-cyclist-says-cyclists-dont-pay-road-tax
    Thanks again,
    Dave

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    1. Yes, I saw that and was astonished. I wondered if he was related to the Adam Rayner who the BBC put on whenever they want an anti-cyclist rant.

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  2. Out of interest, have a look at the Metro for 18 April. A gas fitter did a bad job on boiler, leading to the death by carbon monoxide poisoning of a young woman. The judge apparently said “There is no prospect at all of you committing further offences.” Sentence – 3 years. Compare and contrast.

    http://www.metro.co.uk/news/896455-gas-fitter-jailed-after-fumes-killed-graduate-in-shower

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  3. Here's a terrible case from ten years ago

    http://www.roadsupervisors.net/shb.news.htm

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  4. Have you seen this Martin?
    http://www.journallive.co.uk/north-east-news/todays-news/2012/04/21/heaton-vicar-died-after-bike-hit-by-moving-car-61634-30806136/

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    1. I hadn't DoNK but I have now. If the report is accurate then I am appalled at the way in which the police and the Coroner have been apologists for bad driving. Like so many cyclists I have been subjected to countless near misses through this type of restriction and sadly it is inevitable that, if drivers continue to squeeze past islands like this, tragedies will happen. Blaming everything but the driver is really shocking.

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