240 Hours Community Service......for Death By Careless Driving....

[ToraToraTora]

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-31870135
Can anyone justify this?

[mushroom25]

read the sentencing statement and judge for yourself.

http://www.scotland-judiciary.org.uk/8/1402/HMA-v-ANDREW-KEITH-WILSON

[EDDIE51]

The key that this is death by CARELESS driving NOT Dangerous driving.
There is no option of a prison sentence for a careless driving offence.
If it had been dangerous driving it would have been a prison sentence.

[DTCwordfan]

we had one of that order down here in the village for putting a claw-headed hammer into a woman's head during a road rage incident. Should have been time - and he had previous form.

[Gromit]

I cannot justify it, but in the sentencing statement, I think this is the crucial statement.
// It is also accepted that the driver of any vehicle proceeding as you were doing on this night and going through these pedestrian lights when they showed green and then being faced with these traffic lights at the junction changing from green may have very little time to react and to stop in time to avoid entering this junction. This is a matter which has caused me real concern because of the tragic consequences of this collision at this junction, which by its configuration is an unsighted junction in the sense that drivers proceeding south into the junction cannot see or know of any vehicle which might be proceeding east and vice versa. //

I read that to say the junction is very poorly designed, made worse by the phasing of the traffic lights. The statement says ANY vehicle would have trouble stopping. I image that is why the sentence was lenient.
The cynic in me wonders whether the lights were deliberately phased to raise money from fines.

[New Judge]

There is quite a qdifference in culpability, DT between this offence and the one you describe.

Custody certainly is an option for causing death by careless driving, Eddie. The maximum sentence is five years.

Looking at the sentencing guidelines the seriousness is split into three ranges:

Category 1. Careless or inconsiderate driving falling not far short of dangerous driving (Starting Point: 15 months custody; Sentencing range: 36 weeks - 3 years custody)

Category 2. Other cases of careless or inconsiderate driving
(Starting Point: 36 weeks custody; Sentencing range: Community order (HIGH) - 2 years custody)

Category 3. Careless or inconsiderate driving arising from momentary inattention with no aggravating factors. (Starting Point: Community order (MEDIUM); Sentencing range: Community order (LOW) - Community order (HIGH))

In terms of careless driving, accidentally jumping a red light (because of inattention or lapse of concentration) would not be at the high end of seriousness and certainly not bordering on Dangerous Driving, so that rules Category one out. However the judge (or Sheriff, as they’re known north of the Border) said this:

"Whilst I accept that your speed was not a contributing factor, I am not prepared to ignore it in determining whether your inattention was momentary. Your careless driving arose from inattention which was more than momentary."

So this seems to set the offence clearly in the middle category where the starting point is 9 month’s custody. There are some aggravating features to this offence, not least that it was committed in a large lorry and there were serious injuries to others apart from the fatality. But the principle feature when considering Careless/Dangerous driving is the nature of the driving rather than the results. Mr Wilson pleaded guilty, which gives him considerable credit when sentencing.

All in all I consider the penalty (which is a high level community order) to be a tad, but outrageously, on the lenient side. Knowing what we know (but that may not be all there is to know) it is arguable that this offence might attract a suspended prison sentence.

[mushroom25]

gromit, the reason for the peculiar design is set out in the sentencing statement. this is the top of an off-ramp from the m8, which is wholly unique in the uk as a main line motorway running right through a major city centre. ordinarily drivers would be stopped and held at the pedestrian crossing as part of the junction phasing. but here, the city fathers wanted to use the space between the crossing and the junction to minimise the possibility of traffic backing up on to the m8.

so not a cynical money-spinner, but a well-meaning piece of defective design.