Driver receives suspended jail sentence for cyclist death

by Gkam84   October 13, 2012  

Quote:
Stephen Bateman receives suspended jail sentence for cyclist death

A 75-year-old man who pleaded guilty to causing the death of a cyclist in Oxford has been spared a jail term.

Joanna Braithwaite, 34, from Polstead Road, died in a crash with a cement mixer lorry as she was cycling to work on 28 October last year.

Stephen Bateman, from Middleton Cheney, was given an eight-month prison sentence, suspended for 12 months.

He was also ordered to carry out 240 hours of unpaid work and disqualified from driving for three years.

Bateman, who pleaded guilty to causing death by careless or inconsiderate driving on 17 August, will have to carry out an extended driving test before he can return to the wheel.

He was also ordered to pay £400 costs.

Thames Valley Police said Ms Braithwaite was the only cyclist to lose her life on Oxfordshire's roads in 2011.

http://www.bbc.co.uk/news/uk-england-oxfordshire-19926972

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It is a cause for concern that the shortage of 'young blood' in the haulage industry sees drivers in their mid 70's and even older still in charge of vehicles that can wreak such damage.

Is this due to a shortage of new entrants (given that the number of 17-25 with driving licences is falling dramatically) or a financial necessity for those who cannot afford to retire?

Whichever applies this does suggest that the regulator (Traffic Commissioner) needs to understand what is happening. If for example there is a National shortage of vocational drivers, then the pressure to recruit those who may present a greater risk to other road users needs to be understood and dealt with.

47 years of breaking bikes and still they offer me a 10 year frame warranty!

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posted by A V Lowe [322 posts]
13th October 2012 - 0:33

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I think its a combination of the above factors you list and the influx of foreign drivers who can also drive in the UK under the EU statute, So someone can pass a not so stringent test in their home country and come here and drive until its not valid anymore.

This is an example of drivers from Poland

Quote:
A driving licence issued in Poland is valid for that class of vehicle in the UK. You do not have to apply for a British licence.

Heavy Goods Vehicle (HGV) law is the same in the UK as in Poland.
If the 5-year licence expires, you are required to reapply in the UK or in Poland.

At the moment, I cannot afford to get my driving test past after being banned 8 years ago. The next step after getting it back would be my LGV and my PCV. But ultimately, at the moment, its just to expensive an outlay for an individual, unless you can find a company to pay it then employ you.

Then there is the cost of insurance for younger drivers. Its ridiculous for big vehicles, even through a company. That puts companies off taking on younger drivers.

So older drivers staying on longer, because they need the money, like the job or the company doesn't have anyone else.

Foreign drivers and the lack of younger drivers coming through all make for the situation where 75 year olds are getting behind death machines. Normally 60-65 companies retire you from driving because of the risk....

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posted by Gkam84 [7362 posts]
13th October 2012 - 1:00

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Meanwhile, the guy who wore a t-shirt with an anti-Police message gets sent down for four months. Don't get me wrong, the fact that he was wearing it on the day 2 GMP were killed is shitty, but he said (and the judge accepted) that his grievance was unrelated and he had already left the house wearing it when the incident took place, so it wasn't even with aggregating factors. Clearly inconsistent.

Dodging the saccadic masking

posted by notfastenough [2274 posts]
13th October 2012 - 12:16

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Interestingly, a very similar sentence to a bus driver who ran over and killed someone trying to get on his bus.

http://www.bbc.co.uk/news/uk-england-tees-19935644

Sentencing guidelines?

posted by paulfg42 [306 posts]
13th October 2012 - 20:49

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notfastenough wrote:
Meanwhile, the guy who wore a t-shirt with an anti-Police message gets sent down for four months. Don't get me wrong, the fact that he was wearing it on the day 2 GMP were killed is shitty, but he said (and the judge accepted) that his grievance was unrelated and he had already left the house wearing it when the incident took place, so it wasn't even with aggregating factors. Clearly inconsistent.

Below is an extract from the court case:

At about 2.15pm on Tuesday 18 September, less than three-and-a-half hours after police officers Nicola Hughes and Fiona Bone were shot dead, Thew was seen wearing the offensive T-shirt in Radcliffe town centre

Thats why he got sent down, it was not before the incident.

Stumpy

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posted by stumps [1961 posts]
13th October 2012 - 21:33

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OT but he could have been completely unaware of the incident. I didn't know about the incident until after 5pm.

posted by paulfg42 [306 posts]
13th October 2012 - 22:10

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“He did not go home when he heard the news. He was already wearing the T-shirt. He accepts that he is guilty by reason of his plea.”

From the Mcr Evening News. As I say stumps, I'm not excusing this guy for one second, I realize you guys have a tough job to do, but being a complete c*nt just isn't as serious as killing someone. I'm not trying to be off-topic- perhaps I should have chosen something else as an example of what I think is inconsistent sentencing.

Dodging the saccadic masking

posted by notfastenough [2274 posts]
13th October 2012 - 22:44

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notfastenough wrote:
“He did not go home when he heard the news. He was already wearing the T-shirt. He accepts that he is guilty by reason of his plea.”

From the Mcr Evening News. As I say stumps, I'm not excusing this guy for one second, I realize you guys have a tough job to do, but being a complete c*nt just isn't as serious as killing someone. I'm not trying to be off-topic- perhaps I should have chosen something else as an example of what I think is inconsistent sentencing.

No probs mate, perhaps i got the wrong end of the stick. Sentencing guidelines are draconian at best and need overhauling drastically. We need something on paper to say "you will get this sentence for this offence" not guidelines which can be interpreted different ways by different people.

Stumpy

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posted by stumps [1961 posts]
14th October 2012 - 10:03

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