Why Is This Lowlife Not In Jail?

[ToraToraTora]

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-22397918.

[ChuckFickens]

Apparently, because he can't be found.

[RATTER15]

I cant find him either 404

[craft1948]

Me neither............

[jackthehat]

Did you not read the judge's comments?

[jim360]

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-22397918

[ToraToraTora]

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-22397918

[ToraToraTora]

yes I read the judges comments.

[mccfluff]

then you should know why he is not in jail

[ToraToraTora]

I suppose he's only killed 2 by this method, jack!

[FredPuli43]

Low end death careless, the death resulting in part from the cyclist not wearing a helmet, thought the Sheriff. That is why this 'lowlife' is not in jail. Easy to understand, really.

[jackthehat]

Perhaps the Judge should have saved time by asking you what should have been done with McCourt rather than foolishly relying on the evidence, etc. put before him?

[jake-the-peg]

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/causing_death_by_careless_or_inconsiderate_driving/

//previous convictions for motoring offences, particularly offences that involve bad driving //

is cited specifically as an aggravating factor however the previous offence was nearly 30 years ago so it sounds as if the Judge has set that to one side.

The sentencing guidelines do indicate community service as appropriate

Causing death by careless or inconsiderate driving is a relatively new offense brought in because people were previously getting off cases like this because there wasn't enough to prove reckless driving


Why do you think he's 'low-life?' wouldn't be the picture would it?


Wonder if she'd be alive if she'd been wearing a cycle helmet

[ChillDoubt]

Wonder if she'd be alive if she'd been wearing a cycle helmet
----------------------------------------
Granted, I'd make it law for all cyclists were it left to me.

But I also wonder how much of a lesson he took from the first time he did it?

[FredPuli43]

Yes, when a judge says "I am adjourning this case for reports before sentencing" he or she should mean newspaper and other media reports. Then the sentence could be what , say, the Daily Mail suggests and there would be less "outrage" for papers to report.

[jake-the-peg]

Remember this second case is not wreckless driving but only careless driving.

I think the criteria for that is just that someone allows the standard of their driving to fall below that expected of a reasonably careful driver

Careless driving

overtaking on the inside;
driving inappropriately close to another vehicle;
inadvertently driving through a red light;
emerging from a side road into the path of another vehicle;
tuning a car radio;
using a hand-held mobile phone or other hand-held electronic equipment where the driver was avoidably distracted by that use;
selecting and lighting a cigarette or similar where the driver was avoidably distracted by that use.

Inconsiderate driving

flashing of lights to force other drivers in front to give way;
misuse of any lane to avoid queuing or gain some other advantage over other drivers;
unnecessarily remaining in an overtaking lane;
unnecessarily slow driving or braking without good cause;
driving with un-dipped headlights which dazzle oncoming drivers;
driving through a puddle causing pedestrians to be splashed;
driving a bus in such a way as to alarm passengers.

[ToraToraTora]

so it's the cylclist fault then, I see.

[jackthehat]

I was sure I heard a faint, "Righto", in the background as I got to the end of your comment.

[Zeuhl]

The JUdge said:

/"Mrs Fyffe wasn't to blame in any way for the accident.

"However, she was not wearing a safety helmet and that in my view contributed to her death."

McCourt was also banned from driving for five years./

Perhaps a significant word in all that is 'ACCIDENT'?

[FredPuli43]

Tora, to the degree that the death was due to the cyclist's contributory negligence, the death itself was the cyclist's fault. The collision itself was not. It is a pity that , when someone's opinion is questioned in such matters, they are met with the non-sequitur that "it's all the cyclist's/ victim's fault then"

[Answerprancer]

Have I got this right that a few people here think a cyclist must take some of the blame for not wearing a helmet? Even if a collision was 100% NOT their fault?