The Age reports that Billie Rodda has been sentenced to a three-year community corrections order after she pleaded guilty to causing the death of Australian pro cyclist Jason Lowndes by dangerous driving.
She also pleaded guilty to a summary charge of using a mobile phone while driving.
As well as the community order, she was fined and banned from driving for three years.
We’d already reported that Rodda was going to be spared jail, in large part because the prosecution and defence accepted she had not been using her phone in the moments immediately before the crash – even though she’d sent and received a whole series of texts leading up to it.
It was also agreed that she would have had between 2.2 and four seconds to see him. Reading the reports, this seems to have been considered a small amount of time.
We’d consider two seconds to be quite a long time to spot something on the road while driving. Four seconds is an age.
The defence said she’d been looking at her speedometer.
"You said you had no time to react and indeed you did not brake or steer away before the collision," said Judge Wendy Wilmoth. "There were no warning signs as to the likely presence of cyclists and there was no dedicated bike lane nor any opportunity for either Mr Lowndes or you to veer left."
Wilmoth said Rodda's moral culpability was low as she was not speeding, on drugs or alcohol, or fatigued at the time.
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zero trooper, I agree with you so much.
Smart phones are such complicated peices of computerised equipment, they have knowledge and record every screen touch, every thing, orientation, the works.
All it takes is a bit of digital forensics, complex but doable.
But hey, only a cyclist.
I would think that if a person had constantly made use of their phone whilst driving, and this was known, then when they drove into someone without even braking or even swerving, with complete obliviousness then maybe it could be surmised that they may have been perhaps, looking at their phone.
The problem with the Rodda case is in the final paragraph. The 'moral culpability' list should have included 'using a mobile phone'.
I suspect that the prosecution just didn't have the evidence that she was actually using her mobile at the time of the accident.
If I could I would Brooksby, but I doubt even Danny could do that on 35kg of cargo bike! But I think I could stand it upright, put it in walk assist and guide it over if I tried…
My favorite tweet in reply to the bad parking was from EricEatsPickles.
I, of course, do not condone criminal damage, nor do I in any way condone really, really awful and inconsiderate parking.
ericeatspickles.PNG
I've had to squeeze past a car parked up on the footway near where I lived, because I refused to walk out onto the road. I was carrying a shopping bag, and it may have banged against the side of the car and moved their wing mirror. The owner coincidentally appeared at that point and asked did I touch his car? "Your badly and illegally parked car blocking the footway so the elderly and women with pushchairs can't get past?", said I. Luckily, he just got in his car, muttering, and drove off.
(In hindsight, it could have gone another way... )
Unfortunately, the law would have been on the car-owner's side. Inconsiderate parking is just considered normal these days, whereas keying the side of the car is criminal damage.
If motorists insist on parking in cycle lanes, then you just have to treat it as a cyclocross course, dismount and climb over the obstacle…
Or do a Danny Macaskill and don't even bother to dismount?
A judge excusing a killer motorist, who would have guessed!
I'm not too unhappy about a non-custodial sentence for Billie Rodda, as I'd rather see people contributing something to society rather than being a burden on it. I see the purpose of custodial sentencing as protecting the general public from those who present a threat to them. This however leads me onto to my big gripe. She has clearly demonstrated that she is unsafe behind the wheel of a car and should have had her driving licence revoked for life. If she were to be found driving again whilst being disqualified then a long custodial sentence would be wholey apropriate.
Yes! This is so true. We are keen to see prison sentences handed down because that's what we think of as being the most severe punishment but actually putting someone in prison is a really expensive thing for society to do. Far better to gain from them, send them out picking litter, cleaning graffiti, whatever. The problem of course is just being able to enforce the ban on driving.
It's a fair point. However, if I (or a member of my family) get taken out by a texting numpty I want that person to be properly punished. And picking up a bit of litter is not a proper puishment for taking a life!!
So not just here in the UK that drivers can get away reletively scott free. Sickening.
And from the same Aussie news website: "Tax-dodging socialite goes from Toorak mansion to Deer Park prison".
So many good things in todays live blog!
Highlight has to be CAT, BIKE, BASKET, I want a cat like that.
Lest we forget, we should celebrate the fact that Alan Sugar's stem is no longer pointing upwards! Oo er Mrs.
Cummings had one amazing season which I'll never forget watching. Almost too amazing... regardless, watching it was ace!