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Driver escapes jail after killing cyclist

'Not in the public interest' for woman to give birth in prison...

A driver who killed a cyclist while driving carelessly has been spared jail because she is heavily pregnant.

Debra Kelly, of Welwyn Garden City, was sentenced to 24 weeks in prison at St Albans Crown Court by Judge Andrew Bright. But the judge suspended it for two years, saying: “You are expecting a baby in a few weeks. If I send you to prison there is every chance you would give birth in the mother and baby unit at Holloway Prison.

“To inflict that indignity on an innocent baby is not in the public interest, though you richly deserve to go to prison.”

Kevin Lush, 47, of Ware, died when he was hit while cycling on the A414 between Hatfield and Hertford last May.

According to the BBC, the court was told that Kelly struck the businessman as he cycled home from work, sending him flying into the carriageway and his bike into the bushes.

Her car overturned on the dual carriageway and ended up on the central reservation. She left the scene after getting a lift from a stranger in a van, but gave herself up to the police seven hours later. She told the officers she had bumped her head in the accident and was hysterical. She said she had suffered panic attacks in the past.

Defence barrister Liam Walker said there was no evidence to suggest Kelly had left the scene to avoid detection. He said she had told a probation officer that she had "ruined the Lush family's lives forever".

Judge Andrew Bright QC said: "Nothing I can say or any sentence I can pass will ever begin to reflect the ruin you have inflicted on the Lush family by your careless driving behind the wheel of your motor car.

Kelly was also banned from driving for 18 months, must take an extended test and pay £2,500 costs.

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7 comments

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mrmo | 14 years ago
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i just don't get this, http://news.bbc.co.uk/1/hi/northern_ireland/8587403.stm

so one day death is 5 years another it is a suspended 24 week sentence. Both fled the scene, both killed someone.

Am i alone in thinking that the sentence should be similar? not saying 5 years is enough but 24 weeks suspended certainly isn't!

As for a driving ban, it should be permenant, you break the rules you pay, the point of a licence is control, you have no right to drive and it should not be regarded as a right but as a privilage.

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therevokid | 14 years ago
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have to agree with alankk there .... sad but true  2

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Alankk | 14 years ago
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Disgraceful, why is it so cheap to kill sum1 with a car! It's not a licence to kill..
Gah, makes my life feels so cheap.

I spit at the system and I'm cycling in the middle of the lane in narrow roads or with park cars ahead, screw it if sum car drivers get pissed off for losing a few seconds cause I don't let them squeeze pass and risk my life.

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Tony Farrelly | 14 years ago
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yes, as has been said before we need a step change in the way these sorts of driving offences are treated by the law and the way society as a whole views them - and that of course includes drivers.

Mind you, even then personally I would feel uncomfortable about sentencing a baby to be born in prison.

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Blackhound | 14 years ago
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24 weeks and only would have serves is it half? Three months for killing someone. Needs a big change in the law - though this has all been seen and said before.....

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Tony Farrelly | 14 years ago
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Yes, totally agree. Given the severe tone of the judge's comments you would think that she would be banned for life' there still seems to be almost an assumption that to deprive someone of their driving licence is some sort of cruel and unusual punishment

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ribena | 14 years ago
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why oh why is there such a short driving ban?? isn't this evidence she shouldn't be driving?

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