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1. Why Wasn't He Already In Jail ?

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Canary42 | 10:45 Tue 20th Apr 2021 | Motoring
12 Answers
With numerous previous convictions he drove while drunk (and prone to blackouts) and killed a Dad and his two children.

1. Why wasn't he already in jail ?
2. Why did they wait until he killed somebody ?
3. Why has he only got 10 years ?
4. Why isn't the driving ban for life ?

Our judiciary system has let us down yet again.

https://uk.news.yahoo.com/drink-driver-jailed-over-father-162522957.html


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Surely with that sort of sentence this judge should be asked to consider his position.
the answer to all 4 of your questions is the same. We have essentially given up punishing criminal scum.
I agree with canary 100% on this. The savage should have already been in jail and banned for life for the previous 6 offences. Gawd how many times must the same person do the same thing before the judges bang them up for good?
His previous conviction was in 2018, refusing a breath test and driving whilst disqualifed. The maximum sentence for causing death by dangerous driving is 14 years with a reduction of up to one third for a guilty plea.
The whole system needs revising. We need more prisons and longer sentences - I'd happily pay more income tax for this
I'll read the sentencing report when it becomes available online - I want the details of his sentence.
Canary -

1. Why wasn't he already in jail ?
You can't jail someone until they have committed a crime that merits a jail sentence.

2. Why did they wait until he killed somebody ?
I don't believe crystal balls are used in the legal process, no-one could anticipate that this would happen - and you can't punish someone for something they might do.

3. Why has he only got 10 years ?
I would suggest that is down to the sentencing guidelines which in this instance, as in many others, appear woefully inadequate.

4. Why isn't the driving ban for life ?
Please see my response to point 3.




I'm with Canary. The system has let us down again.

This piece of scum should be swinging.
"no-one could anticipate that this would happen"

Perhaps they couldn't take action to prevent it but with his previous record I think it could have been anticipated!
// Why isn't the driving ban for life ? //

for someone like this, such a sanction, indeed any ban, would be pointless. he'll be paroled in 5 years and will probably drive himself home from prison.

More likely drive himself to the pub.

Tragic.
Really to reiterate what has already been said:

//1. Why wasn't he already in jail ?//

Presumably because any offences he had previously committed were solely excess alcohol (or other summary) offences. The maximum such offences attract is six month’s custody. Knocking off a third for a guilty plea reduces that to four months. He would serve one month of that in custody, one month on “Home Detention Curfew” and the remaining two months “on licence in the community.” If his last offence was in 2018, even if he had been sentenced to the maximum possible, he would have been released long ago.

//2. Why did they wait until he killed somebody ?//

Because, I’m pleased to say, we don’t punish people in this country for something they might do.

//3. Why has he only got 10 years ?//

Presumably because the maximum sentence for causing death by dangerous driving is 14 years. Again, knocking off a third for a guilty plea reduces that to nine years and four months. So he was over sentenced .

//4. Why isn't the driving ban for life ?//

As Andy has said, the sentencing guidelines near enough preclude it. In any case, somebody who is prepared to drive whilst three or four times over the alcohol limit is unlikely to heed a ban if it suits them to drive. The only sanction a court has for either offence (excess alcohol and driving whilst disqualified) is six months’ custody, so see point one.

None of this is the fault of the judiciary. Magistrates and judges can only sentence in accordance with the law and the sentencing guidelines. If you want matters like this addressed you need to lobby your MP. Since (today at least) the Prime Minister seems more preoccupied in preventing half a dozen football teams from participating in a new competition (which I would suggest is no business of government in any event) good luck with that.
Canary, I read the impact statement from the widow and mother. It is truly heartbreaking. I will never understand most of the sentences handed down to drunk drivers.

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