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Justice (Lonpicman, Wikimedia Commons)Driver who killed cyclist while adjusting her sat nav faces a jail sentence
A driver who hit and killed a cyclist when she took her eyes off the road to adjust her sat nav has been convicted of death by dangerous driving.
Victoria McClure is almost certain to face a custodial sentence when she returns to court at the end of August.
In a rare move, the jury found Ms McClure guilty of the more serious offence of death by dangerous driving, although she had already pleaded guilty to death by careless driving.
Anthony Hilson was out for a Sunday morning ride on September 9th 2012 when he was hit from behind by McClure on the A4 Bath Road in Twyford, Berkshire.
It was a straight stretch of road and visibility was good, but Ms McClure was adjusting the zoom function on her sat nav.
According to Rhia Weston, a road safety campaigner for the CTC: "Although this was a successful prosecution, the presentation of evidence did cause some concern. The police forensic investigator made no attempt to calculate exactly how long Hilson would have been in McClure’s sight if his speed were taken into consideration."
Prosecutor Matthew Walsh was left to tell the jury, "Assuming she's travelling at the speed limit of 60mph, it takes about 18 seconds to cover the distance - that's the length of time she would have had the cyclist in her view." He added that there were no skidmarks or signs of evasive action at the scene.
The jury did not in the end accept the defence claim that Mr Hilson’s black, red and white cycling gear made him difficult to spot.
Although a strong sentence for dangerous driving leading to the death of a cyclist is welcomed by the CTC, it's not a custodial sentence that they were pushing for in this case, although a representative attended the trial.
In a statement the organisation said: "CTC does not think that imposing custodial sentences on drivers who cause death is the ideal solution, as in most cases they only present a danger to the public when behind the wheel of a car. Thus, imposing long-term or life-time driving bans is a more effective solution and deterrent to bad driving.
"When drivers have caused danger intentionally or recklessly, or if they have a history of breaching driving bans, long custodial sentences are more appropriate."
Last year, British Cycling and CTC were among organisations that launched a campaign urging for a review of sentencing in cases in which the victim is a cyclist, leading to a meeting with justice minister Helen Grant that the governing body’s director of policy and legal affairs, Martin Gibbs, afterwards called “a significant step forward.”
In February, CTC launched another campaign calling on residents of England and Wales to urge their Police and Crime Commissioners (PCCs) to prioritise road safety.
The organisation said that police forces need to thoroughly investigate road traffic incidents involving vulnerable users including cyclists and ensure the drivers involved face appropriate action.
According to CTC, shortcomings in investigations of such cases result in less evidence being available to the prosecution, which has a knock-on effect in terms of the charges that are brought and, ultimately, sentencing in the event of a conviction.
Latest Comments
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The small frame, the aggressive posture, lots of standover height.
- mctrials23 1 hour 45 min ago
As i've said before, the police should be sued for a lot of money when someone they have knowingly ignored has gone on to commit a serious crime....
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It's technically allowed but it's not known as "London's Orbital Car Park" for nothing.
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You're defending bombing hospitals and refugee camps and starving children.
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Used car salesman is a complete attention-seeking plank....
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I don't know if they're any better, but they's certainly become more boring.
- FionaJJ 7 hours 23 min ago
At risk of being cynical, and stereotyping the police, it's so they don't have to leave the comfort of their panda cars and pursue on foot when...
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39 comments
No exceptions, it is how the hardship rule works, I need a licence to do my job, judge says ok. Dangerous driver still on road.
get 12 points loose your licence. NO EXCEPTIONS!
More important though is having police catching drivers, enforcing the rules. Waiting for someone to die is not acceptable. Overtake on a double white line you need to recieve 3 points regardless of outcome, caught speeding, you get points AND you do the course, no options. If a car has a bald tyre at least points, no appeal.
basically make drivers lives as hard as possible if they break any rule.
three points, all lorries should have enough mirrors to ensure there are no blindspots, if you kill someone, prove you were in the right. AND educate all road users to not be so stupid!
I worked with some who drove up the inside of a tractor/trailer indicating to go left off a roundabout. To clarify the car drove up the left side of a truck indicating to turn left at the junction. If the car driver had used a braincell, it was a junction they used everyday, they would have realised that due to the geometry of the junction the only way the tractor/trailer could make it round the corner was to do what they did.
End result the car went under the flat bed trailer upto the windscreen.
No, it really isn't. Can you genuinely not see the stark difference?
Well, yes, I'm not saying it's a scenario about which nothing can be done.
I'm just questioning whether someone can justify saying that the driver ought to go to prison in that case. He has no influence over the design of the lorry (he's hardly going to refuse employment on the grounds that it doesn't have an additional mirror), no influence over the design of the road, and no influence over the cyclist's behaviour. Is it at all reasonable to demand that he be jailed?
I would favour a simple approach: A life ban for dangerous driving. A ten year ban for careless driving and 5 years mandatory sentence for anyone driving after disqualified.
Sotting in a cell contemplating your driving ban is probably not as effective as sitting at the bus stop contemplating it.
No Bez, I can't. A vehicle is a weapon when in the hands of an idiot. Suggesting we deter stuff that causes deaths isn't going to work because deterring someone adjusting their satnav won't be seen as a law worth obeying. We've had laws against mobile phone use for maybe 10 years now and they're still ignored. Ultimately we need to get a message across that if you are careless and kill someone, you will do time for it, and we need laws to back that up and prosecutors who are willing and able to make a case stick.
Meanwhile...here's something serious that gets you a custodial sentence... contempt of court!
http://www.bbc.co.uk/news/uk-23495785
Wow.
{adds 'should people who kill while fiddling with Sat Navs go to jail?' to list of Cyclist Dinner Party Topics To Avoid, along with red light jumping, helmets, hi-viz, Critical Mass...}
Double Wow
List of topics for cyclists at Dinner Parties involving kiwis who want to "talk" cycling (Great Kiwi Cricketers, Pacific Island All Blacks, where does Bilbo Baggins live in Auckland?, why do Kiwis like the Aussie band Crowded House so much?)
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