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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To wonder how on earth they will sentence a 96 year old?!

496 replies

dreamer24 · 28/09/2024 22:52

news.sky.com/story/woman-96-admits-causing-death-of-pedestrian-after-she-panicked-and-mounted-the-kerb-13204265

A 96 year old woman killed a woman in her 70s after she lost control of her car. Due to be sentenced on Monday, apparently. It's obviously completely tragic that a woman has died, but I can't imagine a woman who is almost 100 will get a custodial sentence?

OP posts:
Thread gallery
9
Dawevi · 29/09/2024 09:26

dreamer24 · 29/09/2024 09:22

Just for the sake of clarity - I'm not saying I don't think she deserves a custodial sentence. I'm saying, I wonder how the courts will deal with her given her age, and whether they'd deem it appropriate or reasonable to pass a custodial sentence. The fact I'm posing that question doesn't mean I think they shouldn't.

When I used to work in the courts the sentence for death by dangerous was automatically custodial and a quick Google tells me that's still the case. So she will have to be sent to prison because that is the penalty for that charge. The CPS will have gone for that charge deliberately rather than careless driving so there will perhaps not be as many mitigating factors as posters here think there might be.

You really do have to have driven appallingly badly to get a death by dangerous charge rather than careless.

Needanewname42 · 29/09/2024 09:27

Gasp0deTheW0nderD0g · 29/09/2024 09:23

I am not a driver, so I don't know, but surely the DVLA knows the dates of birth of everyone with a licence and will send out automated letters with the declaration? It may give some people pause, I suppose.

They do I think it's a straight forward tick the box sign and return in the envelope provided.

dreamer24 · 29/09/2024 09:28

@CassandraWebb
Absolutely - which is why I'm wondering if her age would be considered a mitigating factor. I don't know, of course. I think you rarely hear of people 80 and above receiving a custodial sentence? Maybe that's because statistically that age group commit fewer crimes, or because they don't receive custodial sentences.

OP posts:
NashvilleQueen · 29/09/2024 09:28

She may have given up her licence voluntarily but without a sentence which prohibits her from driving then there's nothing to stop her reapplying. An order on sentencing following conviction allows this. She won't get a custodial sentence but it is important for the conviction to be recorded.

Gasp0deTheW0nderD0g · 29/09/2024 09:28

Judellie · 29/09/2024 09:25

This is why all pensioners should get free public transport - it's a lot safer for everyone. (I do know there's scaremongering that the labour government will remove it but it is just scaremongering)

Not much use if there is no public transport. As Cassandra says, as things are currently in the UK, you need to think carefully about where you are going to live in extreme old age. If you can't drive and don't have anyone to drive you, there are all sorts of practical problems and loss of independence.

iolaus · 29/09/2024 09:30

Once you turn 70 you have to make the choice to renew your license to say you are capable of driving and you do this every three years, admittedly it's not a medical or driving test (and I don't think it should be) but she deliberately made the decision that she was capable to drive and should be held to that standard

MoserRothOrangeandAlmond · 29/09/2024 09:34

@LikeWhoUsesTypewritersAnyway
I work in healthcare, no way would I be driving at that age.

Most sensible people give up their license. It's the more stubborn....'I've been driving for years!' People who struggle to give up driving. I see this a lot! And have reported quite a few to the DVLA (I work in the community).

The lady in Wimbledon had a seizure. According to statistics anyone can have a seizure in their lifetime. So could be you.

An elderly lady of 96 will have slow reactions. It's not ageist....it's facts!
You definitely wouldn't be saying this if it was your relative killed.

mm81736 · 29/09/2024 09:36

Dawevi · 29/09/2024 09:26

When I used to work in the courts the sentence for death by dangerous was automatically custodial and a quick Google tells me that's still the case. So she will have to be sent to prison because that is the penalty for that charge. The CPS will have gone for that charge deliberately rather than careless driving so there will perhaps not be as many mitigating factors as posters here think there might be.

You really do have to have driven appallingly badly to get a death by dangerous charge rather than careless.

Where are you getting that from? My Google does not come back with that.I think she will get a suspended sentence ( still classed as a custodial sentence).

user1469095927 · 29/09/2024 09:36

LikeWhoUsesTypewritersAnyway · 28/09/2024 23:06

Where do we draw the line though? Who gets to decide when people are 'too old' to be in possession of a driving licence? And what age should people have to give it up? 70? 75? 80? 85? I know plenty of younger drivers who are poor drivers - and dangerous, and who need their licence taking off them. Conversely, I know plenty of over 75s who are really good safe drivers. Including a few people in their 90s.

We can't just have a blanket rule that says pensioners should stop driving! It's a lifeline for many, being independent with their car, and most are good, safe drivers If over 70s need to re-test every 2-3 years say, then so should everyone else.

Sad for this woman who died of course, and the story is tragic. The 96 y.o. woman can't go to jail, and it's ridiculous for anyone to say she should. But to say all elderly folk should be re-tested every few years (and no-one else should) is just ludicrous.

Completely agree @LikeWhoUsesTypewritersAnyway . My dad is in his early 80s and a very safe, competent driver. Both him and my mum live extremely remotely (around 5 miles to nearest local shop) with no bus service. If he was to give up his licence he would be housebound as he keeps himself busy by visiting people, local attractions etc. Without that he freedom I would worry for his mental health.

Conversely like your post, I have seen lots of dangerous driving where I live and where my parents live, people speeding, overtaking on blind corners etc. I know of a lot of young people who have written off their cars due to speeding. I dont think one rule can fit all!

Reddog1 · 29/09/2024 09:39

Another woman’s retirement was cut short because that old dude wanted “her independence”. Selfish cow. Anyone close to her who witnessed her attempts at driving in the lead-up to her crime should also reflect on their actions.

Nothing to do with ageism. You can’t pretend you’re 60 when you’re 90, that’s just the reality of life I’m afraid. 🤷‍♂️ I’m 52 and would love to be 22 - but that ain’t happening either!

MoserRothOrangeandAlmond · 29/09/2024 09:40

@CassandraWebb you don't have to be elderly to not be able to drive.
My husband has epilepsy and cannot drive.
My friend has MS and had to be assessed as fit to drive and she will have to do this regularly as MS can affect eyesight etc.

It's common sense not driving when you cannot drive safely! Not taking away independence! It's thinking of the safety of others!

Freydo · 29/09/2024 09:45

My mum was driving until the age of 88. She then had 2 minor accidents (automatic car and probs hit the accelerator instead of the brake) before she would give up. Police and ambulance workers tried to persuade her and in the end she listened. She wouldn’t listen to us.

She chose to retire to an isolated park home community 7 hours away, with rubbish public transport. TBH unless you live somewhere flat, near a bus stop with accessible buses or practically next to shops, chemist, doctors surgery you’re fucked.

If you’re in your 60s you don’t really comprehend how much you will physically and mentally deteriorate.

AlaskaThunderfuckHiiiiiiiii · 29/09/2024 09:47

Definite retesting after a certain age, what that is I’m not sure, many of the older people out driving now will never even have taken a proper test, hazard perception or otherwise. I live in an area with a very high population of elderly people and the driving is shocking and I’ve found it’s actually getting worse. Pootling along at 30/40 in a 60, straight roads, clear visibility, traffic piling up behind them, slamming the brakes on when something is coming in the other direction, I’ve found myself having to take more and more evasive actions lately.

itwasnevermine · 29/09/2024 09:48

The issue is, the DVLA don't listen.

My next door neighbour had cancer, his treatments left his head tucked permanently down to his chin. He was so weak he could barely move his legs, he couldn't steer properly and wouldn't give up his driving licence. We reported him to the DVLA and they couldn't care less. They didn't even assess him.

He continued driving when he was on incredibly strong painkillers, and only stopped when he was on end of life care. How he didn't kill someone I don’t know.

You can't have a hard cut off. But there needs to be more robust procedures in place to stop this kind of thing happening. Driving is a privilege, not a right, and we need to be tougher on poor driving from everyone.

Lilacdreamowl · 29/09/2024 09:49

dreamer24 · 28/09/2024 22:52

news.sky.com/story/woman-96-admits-causing-death-of-pedestrian-after-she-panicked-and-mounted-the-kerb-13204265

A 96 year old woman killed a woman in her 70s after she lost control of her car. Due to be sentenced on Monday, apparently. It's obviously completely tragic that a woman has died, but I can't imagine a woman who is almost 100 will get a custodial sentence?

She needs her licence taken off her. What is she doing driving if she has bad health anyway, whatever age.

TeamPolin · 29/09/2024 09:49

Where do we draw the line though? Who gets to decide when people are 'too old' to be in possession of a driving licence?

I would favour a system where people over 70 had to have a medical periodically to see if they were still fit to drive. A teenaged girl was killed in our town in very similar circumstances and the driver was totally unfit and should have never been behind the wheel.

CassandraWebb · 29/09/2024 09:49

MoserRothOrangeandAlmond · 29/09/2024 09:40

@CassandraWebb you don't have to be elderly to not be able to drive.
My husband has epilepsy and cannot drive.
My friend has MS and had to be assessed as fit to drive and she will have to do this regularly as MS can affect eyesight etc.

It's common sense not driving when you cannot drive safely! Not taking away independence! It's thinking of the safety of others!

I know that! I have literally been making that point. I have a medical licence and a rare condition that means I could lose the ability to drive at any point

Cutecattoes · 29/09/2024 09:50

The thought also occurs to me as I'm reading through the replies is retesting before retirement age would lead to some people losing their licence then not being able to get to work. This then also has me wondering if some of them would be safe to work but not drive. Obviously job dependant.

KnittingPattern · 29/09/2024 09:51

sarsaparillatree · 29/09/2024 01:12

So eight years after you retire you are stuck with zero transport if you live rurally? Unless you can afford a taxi - for instance it would cost me £10 for the two mile journey to the nearest shop each way. https://www.dorsetcouncil.gov.uk/documents/35024/284111/PDC+taxi+tariff+and+fares.pdf/cfddcfa8-470f-9458-3d27-8dc9d1fb6f12
Let's fill the roads with elderly cyclists and horse riders, eh? I'd like to have a go at driving a gig! Or I could drive a mobility scooter at 4mph along the A-road (no pavements) where I live perhaps?
I agree that the checks for competence as you age should be stricter, but an outright age limit would be unworkable.

nb.

Why are so many people irrational about the cost of taxis versus running a car (hint: getting rid of your car will pay for A LOT of taxis)?

And some even think it is cheaper to keep a horse than use taxis 😂

Needanewname42 · 29/09/2024 09:53

Cutecattoes · 29/09/2024 09:50

The thought also occurs to me as I'm reading through the replies is retesting before retirement age would lead to some people losing their licence then not being able to get to work. This then also has me wondering if some of them would be safe to work but not drive. Obviously job dependant.

Exactly.
People are being asked to work to 66/67 possibly older. Lots of people just aren't that fit at that age. Which is another issue.

I think 2 yearly sight tests for everyone and reaction tests for over 70s should be a minimum of what we ask of people.

Yellowsubmarineunderthesea · 29/09/2024 10:00

KnittingPattern · 29/09/2024 09:51

Why are so many people irrational about the cost of taxis versus running a car (hint: getting rid of your car will pay for A LOT of taxis)?

And some even think it is cheaper to keep a horse than use taxis 😂

Would it really though? A full tank of petrol (say 80ero) would keep my parents going for months at local driving to the shops, GP, etc. The same 80euro would only get them a max of 5/6 taxi rides. Motor tax and insurance isn't that expensive on their car either. In Ireland pensioners do have free public transport but it's a 2km walk for my parents to actually get to the bus stop so that's not much good to them.

Completelyjo · 29/09/2024 10:02

KnittingPattern · 29/09/2024 09:51

Why are so many people irrational about the cost of taxis versus running a car (hint: getting rid of your car will pay for A LOT of taxis)?

And some even think it is cheaper to keep a horse than use taxis 😂

Even the idea that apparently an older person rurally is a reason they shouldn’t retake their test because taxis are expensive!
Well either they are fit to drive in which case what’s the issue, or they aren’t fit to drive in which case I don’t give a fuck where they live. Living rurally is not a reason for anyone to get behind the wheel if they aren’t fit and able for the roads.

Completelyjo · 29/09/2024 10:03

Yellowsubmarineunderthesea · 29/09/2024 10:00

Would it really though? A full tank of petrol (say 80ero) would keep my parents going for months at local driving to the shops, GP, etc. The same 80euro would only get them a max of 5/6 taxi rides. Motor tax and insurance isn't that expensive on their car either. In Ireland pensioners do have free public transport but it's a 2km walk for my parents to actually get to the bus stop so that's not much good to them.

It’s not just the petrol though is it, it’s the value of the car.

AlaskaThunderfuckHiiiiiiiii · 29/09/2024 10:05

It’s a choice for them to continue to live rurally as well. Where I am you can get a taxi card over a certain age which takes quite a bit off the cost of the taxi

Zwellers · 29/09/2024 10:06

LikeWhoUsesTypewritersAnyway
She Can and should go to jail unless other than age there are mitigating factors. Have some compassionate for the victims family. Bring old is no excuse. Bet your double dtandard wouldn't have applied if someone you knew was killed or the driver was male.