15 Month Sentence And Barred From Driving For 20 Years

[anotheoldgit]

http://www.dailymail.co.uk/news/article-2885774/Diabetic-killed-cyclist-fell-ill-wheel-failing-test-glucose-level-properly-jailed-15-months.html

Although this accident was very tragic, I think that the sentence was far too excessive in the circumstances.

[hc4361]

No different to driving whilst drunk, in my opinion.

He's been Type 1 diabetic for years and failed to take the proper steps to ensure he is safe to drive - taking his blood regularly and the appropriate insulin.
It is recommended that diabetics who need insulin test their blood before they get in the car and test every 2 hours if they are on a long journey.

[rockyracoon]

I think it is excessive compared to drink driving bans, I've never heard of anyone getting 20 years. i would like to see them increased to match this.

[rockyracoon]

Actually, I take that back as I don't know anyone that has killed someone whilst drunk driving.

[hc4361]

His prison sentence is relatively light. Death by dangerous driving has a maximum custody penalty of 14 years and level 2 which includes driving whilst unfit due to a known medical condition and/or failing to take medication has a maximum sentence of 7 years, with a starting point of 4.

[mikey4444]

For once I am in agreement with you AOG ( well, it is Xmas after all.....good will to all men and all that ! )

I don't think I have ever heard of a 20 year driving ban.

[Postdog]

You cannot compare it to drink driving. All drivers can choose to drink or not. He cannot choose to be diabetic or not, and clearly he didn't give a toss whether or not to drive with that condition.

[hc4361]

He was extremely irresponsible in exactly the same way as a drink driver is. In fact the CPS treat it much the same:

"Driving whilst ability to drive is impaired as a result of consumption of alcohol or drugs, failing to take prescribed medication or as a result of a known medical condition..."
http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/death_by_dangerous_driving/

This is not the same as having a heart attack or stroke whilst driving. It was completely avoidable.

[Sqad]

Difficult one.

I tend to agree with hc4361.

On the other hand, long standing Insulin resistant diabetics tend to "read" their insulin requirements quite well and I just wonder how many measure their blood sugar levels before driving.

It does seem a harsh sentence.

[Sqad]

I have given this further thought.

If he was an "experienced " diabetic he should know the symptoms of a hypoglycaemic attack and should have pulled to the side of the road and taken appropriate action...e.g Mars bar or fruit drink.
One normally has certainly 15-30 mins warning of an attack.

i have changed my mind and agree 100% with hc 4361.

[jno]

the jail sentence seems light to me, though it may be in line with fatal drink driving offences. The ban on the other hand looks very long - he'll be 73 when it ends - and I'm not sure what purpose it serves.

[hc4361]

His licence has been revoked due to his medical condition and the fact he doesn't manage it properly.

People can lose their licence at any age for this reason, whether they have committed a driving offence or not.

[jno]

is the assumption that he will never manage it? Most punishments, except for the most hardened reprobates, build in an assumption that the penalty will encourage the prisoner to change his ways.

[Gromit]

Yeah 15 months is far too long for taking a life. A slap on the wrist would have been far more appropriate.

[EDDIE51]

Agree with hc4361 he could have got 14 years in prison , same as 'death by dangerous' They want to be sure he never drives again.