A motorist who killed a cyclist while speeding at up to 51mph in a 30mph zone, and who was found to have traces of ketamine, cocaine, and alcohol in his system at the time of the fatal collision, has been handed a suspended prison sentence and banned from driving for three years, after a prosecutor described his standard of driving as “just below” the threshold for dangerous driving.
Harry Bennett, who had passed his driving test just two weeks before killing cyclist Geoffrey Dean in June 2021, told police that he had not seen the 77-year-old on the road – despite passing him while briefly travelling in the opposite direction – and that he had been in a rush to get home from a barbecue following a “long day”.
Mr Dean was cycling home from his design office in Bideford, north Devon, at round 6pm on 4 June 2021 when he was struck from behind by a BMW driven by Bennett, throwing him in the air and over the roof of the car. After 40 minutes of life support treatment, he died at the scene from multiple injuries.
Bennett, who crashed into a wall after losing control of his vehicle following the collision, admitted causing death by driving without due care and attention at Exeter Crown Court, Devon Live reports.
“For f***’s sake, prison sentence here I come”
According to prosecutor Herc Ashworth, the 24-year-old motorist had attended a barbecue with friends at Kenwith Valley Nature Reserve on the day of the fatal collision.
After drinking two bottles of beer at the barbecue, he left at 6pm, initially driving in the wrong direction, during which time he passed Mr Dean riding on the other side of the road. After turning his car to head north along Northam Road, CCTV footage captured Bennett accelerating over speed bumps above the road’s 30mph limit, and one witness said she saw the motorist speeding shortly before the collision.
A forensic collision investigator also established that as the road turned to the right, Bennett – travelling at between 43 and 51mph – potentially understeered, running wide and hitting the kerb with his wheel.
While there were no witnesses to the crash, analysis of the damage revealed that Bennett hit Mr Dean almost directly from behind, sending him onto and over the bonnet, windscreen, and roof of the car.
There was no indication the driver applied the brakes before the crash, and Bennett later told police that he “did not see” the cyclist, despite the court hearing that the road conditions were good and it was a dry, sunny day.
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After crashing his car into a wall a short distance from the collision, Bennett remained at the scene, where he told police officers: “For f***’s sake, prison sentence here I come.”
A roadside breathalyser test produced a reading of 23mg of alcohol per 100ml of breath, below the 35mg limit, while Bennett also told police that he had taken ketamine at 4am that morning. Traces of both that drug and cocaine were found in his system, again below the legal limit.
At Exeter Crown Court, after Bennett admitted causing death by driving without due care and attention, Mr Ashworth described the motorist’s standard of driving as “just below” the threshold for the more serious offence of dangerous driving.
Meanwhile, Judge David Evans said Bennett’s decision to drive at “excess speed” was the result of “arrogant over-confidence”.
“Far too many young people, especially young males, at one time or another make the woeful choice to drive at excess speed to get to a destination as soon as they can,” Evans said.
“In doing so they show a disregard for the obvious risks of driving at speed and it is often coupled with an arrogant over-confidence that it won’t be them that incurs the risks.”
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The judge told Bennett that he should have been aware of Mr Dean’s presence on the road having passed him while driving in the opposite direction.
Evans also noted that the drugs in the driver’s system may have impaired his ability to a degree, but that they were secondary to the “deliberate” decision to speed.
“As you admitted you were rushing to get home,” he said. “That is the decision that led to Mr Dean’s death. You were driving at greatly excessive speed for that stretch of road and for that bend.”
He sentenced Bennett to 16 months in prison, suspended for two years, and ordered him to undertake 300 hours of unpaid work and rehabilitation days without probation. The 24-year-old was also banned from driving for three years.
“Left a huge void in our lives”
In a statement read to the court, Mr Dean’s son Jeremy described his father as “an extremely kind and caring man” with an interest in helping people.
“His sudden and tragic loss has left a huge void in our lives and will never be replaced. He was the go-to person for advice if ever there was a problem and always knew what to do,” he said.
An engineer and production design manager, Mr Dean established his own design office in Bideford, where had been working late on the day of his death due to a phone call with a Dutch office. His son Jeremy also noted that he was an “ingenious engineer” who was devoted to his wife and family, and loved bikes, sailing, and travelling.
The family say they are struggling to understand what happened on the day he was killed, noting that he regularly cycled that route and was safety conscious.
Remembering advice his father would give him, Jeremy concluded: “The people who succeed in life are those who overcome setbacks and concentrate on the future. Keep smiling.”
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42 comments
That seems like a PhD thesis to volunteer for; Quantifying innocuous contact of illicit substances. Research tasks include licking stacks of tested £20 notes to see how much cash is required to give a traceable blood result.
He was at 23 wotsits per thing, whilst the UK limit is 35.
I think that is over the limit in every other European country except Malta.
Regardless of the discussion on prison time and so on it should be a life ban for all at fault killer drivers with no chance whatsoever of appeal. Would still be a billion times lesser punishment than being killed or having a family member / friend killed.
Lets say 10 or 15 years ban for at fault drivers who seriously injure too.
But that would be a war on the motorist too far obviously...
A three year driving ban is simply disgusting.
I really don't understand how that kind of driving is "just below" dangerous driving. I was under the impression that dangerous driving is for obviously illegal driving rather than e.g. not paying sufficient attention. Surely speeding whilst intoxicated easily qualifies for dangerous driving.
"I really don't understand..."
Obviously it was clearly a long bit of short string this time, rather than a short bit of long string.
Remind me again why we even have "causing death by careless / dangerous driving"? Oh yes, because juries wouldn't convict because obviously there was not the same level of intent as murder / manslaughter. What's that? The same "did they really mean to" has migrated to these new ones? And we don't have an objective test (or even commonly - or ever? - bring in experts e.g. driving test examiners)?
I wouldn't bother trying to understand.
Seemingly losing contol & then crashing into a wall on a bend isn't dangerous driving!
But, 300hrs helping Police with with close-pass operations should be appropriate alternative to prison? Maybe having a couple of beers for dutch courage before each session?
it beggars belief. can these sentences be appealed. was the judge paid off?
Hit and kill someone with your bike who steps out in front of you while you don't have a front brake on your bicycle: 18 months in prison
Hit and kill someone with your car who was cycling while you are speeding, drunk, high, rushing, and not paying attention: No prison time
The media: "THe cOuRTs aRE cOWerIng beFoRE tHE CycLiNg LObbY"
I am not saying the prison sentence for the cyclist was wrong but the lack of reasonable punishment for dangerous drivers is ridiculous.
This should be 14 years for manslaughter.
Lost count over the years of similar examples of unbelivable hypocrisy.
I don't think this is what Matthew Briggs has in mind for the end result of his campaign. If he is successful, then the cyclist that killed his wife would not be given a prison sentence.
Edit: sorry. hectic day. cleaned up tense & removed the "s" on cyclist
Kim Briggs was not even proerply on a crossing, was not looking and was reported to have had her unlocked phone in her hand. Should have been her who was found at fault for Allisons injuries.
Perhaps
a vigilante cyclistthe fair-minded people of Bideford could make sure that the druggy pisshead lowlife scumbag Harry Bennett doesn't get to drive again.Pages