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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this is unreasonable and this judge knowingly scentenced this man to death

866 replies

Sootyandsweep2019 · 29/12/2019 10:07

Just read a heartbreaking story in the paper about an 87 year old man, who given a 27 month prison sentence after he killed someone in a car accident. The judge was warned at the time by the man's doctors that this was highly likely to lead to his death; but went ahead and did it anyway. As predicted, he died nine days later. This was not murder, this was not malicious; it was a complete, tragic accident.

By all means ban him from driving if he was a danger, look at tightening the driving regulations around older drivers.

But our obsession with "making people pay," for genuine accidents has led to this utter tragedy .

The poor man must have been terrified. I really think this particular judge/ case needs urgent investigation; and we need a wider look at whether prison is always an appropriate response to car accident s like this.

Sadly I don't expect the judge/ CPS/ solicitors etc. Feel guilty at all.

OP posts:
JustASmallTownCurl · 29/12/2019 13:07

Op you know if he’d admitted that his driving was dangerous and done so early on and expressed remorse it’s very unlikely he’d have gone to prison.

Just to clarify my post below, I'm interested to know if the OP acknowledges the above.

It must be obvious that admittance and remorse would have been likely to help him avoid prison time.

Rightly or wrongly.

I don't get how you can feel sorry for someone who hasn't even apologised to the victims of his dangerous driving, accident or not. What kind of person who is responsible (again due to an accident or not) for someone's death doesn't say sorry?!

bettybattenburg · 29/12/2019 13:17

I wonder what it was that made the doctors say it was likely to result in his death? If the doctors knew this then is there a problem in the prison system that needs addressing?

An 87 year old man who is not capable of safe driving accepts the fact that they may injure or kill somebody because they break the law as a result. The judge did not break the law and passed down the appropriate sentence to a convicted criminal, the law rightly doesn't allow for lack of criminal responsibility due to old age.

BigRedBoat · 29/12/2019 13:17

If I accidentally put the car in the wrong gear (reverse instead of drive) I would notice and take my foot off the pedal before I had crossed an entire car park, he dragged the women for 4-5 seconds and only stopped because he hit a bollard, to me that's not a momentary lapse in concentration, it's dangerous and it tragically led to the death of one person and serious injuries for another. I think a prison sentence is warranted in this case elderly driver or not.

Biancadelrioisback · 29/12/2019 13:21

Come on, we all know OP has select blindness and won't see the posts asking if she can acknowledge this statement

bevelino · 29/12/2019 13:22

OP is clearly a gf.

LuckyShoe · 29/12/2019 13:26

OP you’ve shown little appreciation of the facts of the case and been swept away by a headline. You used emotive language in the title and then suggested it was because he was an elderly white man that he got sent to prison. Confused
Most astounding however, is your failure to show any sympathy for the victims and their families.

GlitchStitch · 29/12/2019 13:27

OP YABU.

I'm not sure where people are getting that there was a trial from though, he plead guilty to the offences and received a reduction to his sentence as a result.

onioncrumble · 29/12/2019 13:36

Goodness, such unkind comments. It's a horrible situation but hardly on a par with the wanton and hateful crimes over the season. Such anger and hate towards a person who is vulnerable. Surely a state who are unable to control shooters and gangs and have the truly inhuman universal credit should take some responsibility for not testing these people. A state who smugly thinks they care for their people

Myusername101 · 29/12/2019 13:40

Can someone explain how prison sentences work please?

I remember the story about the ex Man United youth player who killed 2 people while and driving recklessly and speeding and he only got 16 months (of which he probably served 8) and then another man has a genuine accident and kills one person, regardless of age, gets nearly twice that I think the whole judicial system is fucked.

I'm sure there are lots more examples but I just wondered how sentences are actually decided because it feels like it just depends which judge you get, which doesn't feel like a fair justice system to me.

GiveHerHellFromUs · 29/12/2019 13:44

@Myusername101 which player are you talking about because I can only find one who was driving at 98mph and got sentenced to 8 months

JKScot4 · 29/12/2019 13:46

@onioncrumble
Should we not prosecute the elderly?
Paedophiles, reposts because they’re old?
Get a grip with your softy attitude

LuckyShoe · 29/12/2019 13:47

Defendants can get a lesser sentence if they plead guilty at the earliest possible opportunity and judges take into account the circumstances of the case when determining a sentence. They also have guidelines in law.
Another footballer was jailed for six years for causing death by dangerous driving - Lee Hughes

nomdunchien · 29/12/2019 13:47

YABU OP- How odd to keep referring to what occurred as an ‘accident’, when the article clearly says that he was convicted of dangerous driving. Genuine accidents are not covered by or prosecuted under dangerous driving legislation. Two separate things altogether, and by muddling them (intentionally?) you are minimising what he did. Whether he deserves a custodial sentence is another issue- I personally think it appropriate where dangerous driving has led to the death of another but appreciate others may differ on this point.

Myusername101 · 29/12/2019 13:50

giveherhellfromus www.bbc.co.uk/news/uk-england-manchester-21616296
That one I was talking about

ivykaty44 · 29/12/2019 13:52

Interesting, so if a driver apologises and shows remorse should he avoid a prison sentence for having killed by dangerous driving?

AllergicToAMop · 29/12/2019 13:54

Can someone explain how prison sentences work please?

Judges have to use this www.sentencingcouncil.org.uk/offences/magistrates-court/item/causing-death-by-careless-or-inconsiderate-driving/

If you want to try it yourself, you can find the sentencing guide and then "hear a case" here ybtj.justice.gov.uk/

It's actually quite interesting to see how it all works

Cryingoverspilttea · 29/12/2019 13:58

It wasn't a genuine 'accident' it was a genuine case of negligence and death by dangerous driving - and he shouldn't have been bloody driving!! It doesn't matter what age you are, you know if you're unfit to drive or not! And yet he continued to drive. He didn't apologise to the victims family. He had no remorse. He was an auld cunt, frankly.

ivykaty44 · 29/12/2019 14:00

If you kill whilst driving in the UK the sentencing is thus that you’ll be unlikely to serve more than 18 months at most.

Speeding, drugs and drink are unlikely to get you more than 3 years

Many parents that have lost a child through these types of crimes are often left shocked by the feeling that there child wasn’t worth anything as the punishment is rather short in their eyes and hardly a deterrent for it to happen over and again

Longdistance · 29/12/2019 14:00

YABU, he deserved to go to prison. Why was he driving in the first place? He’s pictured with a wheeled frame for god sake, he can barely walk so he has limited use of his legs.

Very stupid to think, just because he’s an elderly person they shouldn’t get time.

The town I work in had a similar incident where a lady ran over a man and killed a man as she was ‘confused’. If you’re confused you shouldn’t be driving.

Nicknacky · 29/12/2019 14:02

MyUser That driver had been convicted of causing death by careless driving, hence a lesser sentence.

Dontdisturbmenow · 29/12/2019 14:03

This thread shows that they are a number of people who hold the belief that only intent is punishable and negligence should be accepted as a form of inevitable fact of life.

Negligence is in many case preventable. For that, you have to be able to self-reflect, evaluate your surroundings and actions, and reflect on possible consequences.

Sadly, some people seem to lack the ability to undertake the above and as such, genuinely believe they, and others, shouldn't be held responsible for their ill-thought actions. What a world we would love in if negligence was just excused every time.

Lamentations · 29/12/2019 14:03

Dangerous not merely careless driving was proven in court. Many lives ruined. It carries a prison sentence. Like the bereaved partner says, there are no winners but there is justice.

Borisdaspide · 29/12/2019 14:03

If 'harsh' sentences (I dont think it was, personally) help get unsafe elderly drivers off the road, then it's only a good thing. I know so many people who worry about their older relatives who utterly refuse to stop, and ime the DVLA couldn't have cared less.

GiveHerHellFromUs · 29/12/2019 14:04

@Myusername101 ah yeah that one was careless driving so a less 'serious' offence whereas this man was convicted of dangerous driving

Both sentences should be much longer IMO

ForalltheSaints · 29/12/2019 14:05

The inconsistency is in others who avoid jail for killing people when driving.

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