A driver who admitted causing the death of a cyclist through careless driving while distracted by his sat-nav device has escaped jail, and will instead serve a community sentence – one that was handed down the same day the government confirmed it has ordered a review of sentencing in traffic cases where a cyclist or pedestrian is the victim.
Steve Conlan, aged 51, missed a stop sign near Consett, County Durham on a day trip with his wife and children on Easter Monday because he was looking at his sat-nav screen, which did not show the junction he was approaching, reports Express.co.uk.
His Saab struck 55-year-old cyclist Grahame McGregor of Pelton, near Chester-le-Street, County Durham, who would die in hospital from his injuries five days later.
At Peterlee Magistrates’ Court, the motorist received a 12-month community penalty which will see him have to perform 240 hours of unpaid work, and was banned from driving for two years.
District Judge Roger Elsey said: “I don’t believe the accident would have occurred if the satnav had been switched off.”
Causing death by careless driving carries a maximum sentence of 5 years’ imprisonment, while the more serious offence of causing death by dangerous driving can result in a maximum jail term of 14 years.
The case is the latest in a long line in which drivers convicted of killing cyclists have received what many perceive as too lenient a sentence, with epresentatives of British Cycling, CTC and RoadPeace last year meeting with justice minister Helen Grant to call for thorough investigation and tougher sentencing in cases where a vulnerable road user is the victim.
They also urged that improvements be made to the support provided to the families they leave behind. Also at that meeting was the brother of British Cycling employee, Rob Jefferies, killed on a training ride in Dorset in 2011 by a 17-year-old driver who had passed his test six months earlier and who already had a speeding conviction. He received a non-custodial sentence.
In one of the few potentially positive pieces of news for cycling to emerge from yesterday’s response from the government to the Get Britain Cycling report published by the All Party Parliamentary Cycling Group, it was confirmed that a review of sentencing in cases involving cyclists and pedestrians will be initiated in the new year.
The review of current sentencing guidelines, which will be accompanied by a consultation, will be carried out by the Sentencing Council, which is an independent non- departmental public body of the Ministry of Justice, and will cover the offences of causing death by careless driving and causing death or serious injury by dangerous driving. Proposals will be subject to a formal consultation.
Reacting to the news, Martin Gibbs, Director of Policy and Legal Affairs at British Cycling, said: "We need everybody to feel properly protected by the criminal justice system when travelling on the road.
“The lenient sentence handed out to the driver responsible for the death of our colleague Rob Jeffries was a glaring example of the failure of the system.
"We’ve been asking the government for months for a review of sentencing guidelines so I’m glad to see that confirmed, though it should form part of a comprehensive review of the criminal justice process, which all too often fails people on bikes by not prosecuting or by returning sentences which don’t reflect the seriousness of the crime.
"We have been meeting with Ministry of Justice and the Department for Transport to push for improvements but progress has been slow.
“This announcement means that positive steps are being taken and is a victory for British Cycling and its members.”
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37 comments
ah but the couple in the squashed Audi obviously had a right to be there as they paid road tax, the evil lorry driver stole their future due to his texting.
the poor chap using his sat nav clearly isnt at fault as he was distracted and how was he to know a cyclist was going to just appear in front of him!
Surely this can be referred to the AG for reconsideration because its too lenient?
Compare that with this lorry driver who killed two people in a car when texting.....
http://www.bbc.co.uk/news/uk-england-humber-23876320
He got a five year jail term.
Is it me or is sentencing when cyclists are involved always watered down?
Not looking where you are going when driving, is dangerous, not careless....
The lorry driver got 5 years because his mobile phone records and vehicle data showed that he'd sent 100 texts over the preceding days while his vehicle was moving.
I notice more and more new car adverts making a big thing about how many bright and shiny things you can now get on your dashboard to distract you.
Its almost as though they are encouraging you to look at a big touch screen instead of the road.
But who cares if there is a cyclist or small child in the road when you could instead be checking your twitter account from the comfort of your dashboard?
This must be a first; a defense that he drove badly because he *wasn't* distracted (by the GPS announcing a junction)? And the judge buys this?
f**k off.
so say there is a bloke on my street that for some crazy reason I feel has wronged me, I note that he cycles to work every tuesday. I decide its time to get even and set off along his route, all I do it just drive into him, oops! he's dead and his kids grow up without a dad. I get a slap on the wrists hey.....accidents happen!
Give it a year, maybe 2 and I get my god given right to drive a massive metal fecking box about with near total impunity!!!!!
All I really want to do is ride to work without having to fight for space every fecking day!
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