Incompatible Sentences?

[choux]

1) https://www.dailymail.co.uk/news/article-12210187/Fury-hit-run-driver-left-Bolton-grandmother-81-die-road-avoids-driving-ban.html

2) https://www.bbc.co.uk/news/articles/cge11wkqq08o

[Old_Geezer]

I suspect one was a deliberate act of cruelty whole the other was an inabilty to act responsibly and panicked with inevitable fatal consequences. I can see one might believe the death of a human deserved a stiffer punishment that harming a hedgehog, but there are other aspects that would have been taken into consideration.

[barry1010]

The driver was charged only with failure to stop; the other with causing unnecessary suffering.

Two incomparable charges

[choux]

I cannot believe the responses. In 1) the driver ran his car over the woman and failed to stop. Anybody else think that 40 hours community service and 8 licence points sufficient?

No wonder Mrs Conroy's family feel let down. Heaven help anyone driving in and around Bolton.

[barry1010]

I would feel very let down and angry but it is pointless comparing two completely different offences.

[ToraToraTora]

2) is bang on, not sure why 1) was not jailed for DBDD.

[jno]

can't see why the driver wasn't charged with causing death; but maybe things have been left out of the story.

[barry1010]

He wasn't driving dangerously. He overtook a parked car at a safe, legal speed.

[Peter Pedant]

er different cases I think

oh and me, when a neighbour accused me of being a child molester ( and unlike Prince A I wasnt I wasnt! )

the police were nt interested in skewering her for giving false witness to a dear old OAP ( me that is!)

[New Judge]

//I cannot believe the responses.//

Then you should not have posed the question!

//In 1) the driver ran his car over the woman and failed to stop. Anybody else think that 40 hours community service and 8 licence points sufficient?//

As with many things legal, the devil is in the detail (much of which we do not have). If he was only charged with failing to stop, that explains a lot and your astonishment should not be one regarding sentencing, but regarding charging. (Once again, you don't have the detail - or the evidence available - to know why that decision was made).

Failing to stop is one of a comparatively very small number of driving offences which can attract a custodial sentence (the maximum being six months).

Looking at the sentencing guidelines:

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/fail-to-stopreport-road-accident-revised-2017/

And bearing in mind he was given eight penalty points, the court obviously thought this offence fell within "Category 2". A community order is compatible with an offence of that seriousness.

Just for information, if he pleaded guilty and had the court decided to impose the maximum sentence (6 months) he would have served just four weeks in prison. He would be entitled to a one third discount on his sentence, thus reducing it to sixteen weeks. In serving that sentence he would have been automatically released at the eight week stage, but as well as that he would be eligible for "Home Detention Curfew". This means he would have been released after serving just 28 days.

The press reporting of this incident is clearly designed to engineer the maximum outrage possible. It seems to me this was not a case of deliberately mowing down a pedestrian. Apparently she collapsed in the road. But I'm not going to jump to the conclusions the press would like me to. Only those in court will know the full details and without them outrage is a bit pointless.

[William51]

On the face of it they do not appear compatible. But Greenslade had no remorse and apology for the family.

[choux]

N J, by asking questions one might be able to learn something.

e.g. when another asked:
https://www.theanswerbank.co.uk/Law/Question1841048.html
I learned something about you ;)