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Justice (Lonpicman, Wikimedia Commons)Families' shock as drunk and speeding driver who admitted killing two cyclists appeals length of sentence
A motorist sentenced to ten years and three months’ imprisonment earlier this year after a stolen car he was driving crashed into two cyclists in Berkshire, killing both of them, will have an appeal against his sentence heard later this month.
The families of the victims, John Morland, aged 30, and 29-year-old Kris Jarvis, have been campaigning for longer sentences in cases in which multiple people have been killed as a result of dangerous driving, and have expressed their shock at news of the appeal, reports Getreading.co.uk.
The pair, who were cycling on the pavement, lost their lives on the evening of 13 February when they were struck by a black BMW car being driving by Alexander Walter. It belonged to his partner and had been taken without her permission.
At his trial in April, Walter, aged 31 and from Purley-on-Thames pleaded guilty to causing death by dangerous driving and other offences including aggravated vehicle-taking, driving while disqualified, and driving while uninsured.
Reading Crown Court heard that he had been driving at 70mph in a 30mph zone as he was pursued by police, and that his blood alcohol level was more than twice the permitted limit.
Walter’s appeal is due to be heard on Thursday 16 October and according to Getreading.co.uk, the fiancées of both victims plan to attend the hearing.
Tracey Fidler, who was engaged to Mr Jarvis and had five children with him, said: “When we found out [last Tuesday] it just hits you and brings it all back again. It was quite a shock, when we heard he was appealing. We thought it would happen next year.
“It could go either way, but if he gets what he wants I have already asked if I can appeal.”
Besides his prison sentence, Walter, who had 67 previous convictions for a variety of offences, was banned from driving for 15 years. He had already been serving a four-year ban at the time of the fatal incident.
In July Miss Fidler, together with Mr Morland’s fiancée, Hayley Lindsay, who had two children with him, helped launch a petition calling on the government to change the law so that for example where someone is convicted of causing death by dangerous driving following an incident in which more than one person is killed, separate sentences apply for each life lost.
That would have the effect of increasing the maximum sentence for that offence in a double fatality from 14 years to 28 years, although as sentencing guidelines stand at the moment, the number of people killed is a factor that is taking into account when determining the sentence.
The petition currently has more than 22,000 signatures and last week Mayor of Reading Councillor Tony Jones met Miss Fidler and Miss Lindsay to give his backing to it.
He said: “It never ceases to amaze me when the reaction of people touched by great tragedy is to respond in a positive way. This is certainly true about Tracey and Hayley.
“There is no doubt they have made a great start with their petition and we met to discuss what else they could do achieve their goal of 100,000 signatures by the end of March next year.”
Reaching that milestone would mean that the petition would be considered for House of Commons debate by the Backbench Business Committee.
He mayor continued: “There are tough landmarks ahead, with Kris and John’s birthdays coming up, then having to navigate their first Christmas without them, but all through our discussion the only thoughts were to turn what the judge described as the ‘thoughtless, selfish and dangerous actions’ of one man into a lasting and positive legacy for Kris and John.
“I will do whatever I can as mayor to help them in this cause – please get your families and friends to sign the petition.”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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41 comments
No its exactly the right to appeal that makes our judicial system one of the best in the world. He should be given the right to appeal, as any other person is in our justice system.
The just outcome of any appeal however - as far as I'm concerned - would be an increase in sentence to that more in line with manslaughter.
Appalling. I have signed the petition and also posted it onto my clubs website so that should generate a few more signatures.
I believe the guidelines are a third off the tariff for an early guilty plea, so if he's received a 10 year prison term then that suggests a maximum sentence.
Tie him in a boat, naked, pour honey on him. Then anchor him in the middle of a putrid pond and let the flies have him.
Signed.
Death or Umbongo for this guy.
well said bobinski.
Whilst we're at it, I'm steadfastly against the death penalty. I'm usually against any physical punishment, but I can almost see merit in lopping this arsehole's bollocks off.
With rusty shears.
He is appealing his sentence not conviction. This requires a formal positive advice from his legal team. They don't just give them out for the sake of it because they risk criticism from the court of appeal. It is then scrutinised by a single judge who decides whether the application has merit and should go to the full court for consideration. It has merit if the sentencing process raises an arguable rather than fanciful legal issue eg totality or unlawful sentence OR where the sentence might be considered manifestly excessive.
It will be interesting to see what points his lawyers have raised that satisfied the single judge that the issues should be aired in court. Of course, passing the single judge stage does not mean the appeal will succeed. Most don't.
I know its the internet and all that but really, some of you should pause and think first about posting. It doesn't make a mockery. Its due process. Its the envy of much of the world and Its transparent. Having looked at sentencing guidelines for his offenses this morning i would be surprised if his appeal was successful but then i don't know what grounds are being raised. And sometimes single judges put applications through to the ct of appeal on the understanding that where earlier court guidance is in conflict now is an opportunity to bring clarity or certainty and that is rarely for the benefit of the person bringing the appeal.
What it mocks is people who actually go to work every day, earn a living and would likely not be able to afford this kind of representation, while this low-life is, almost certainly, getting it for free.
You can spin it any which way you like, but if the sentence is within the guidelines the only people who should be able to appeal are the victims or victims relatives to have it increased if it is not the maximum i.e. favour the victim and not the perpetrator.
Spin what? I described the process.
Yes, his sentence could even be increased. I would have thought 10 years should be a minimum for this crime.
Signed.
I S T H I S R E A L L Y H A P P E N I N G ?
Hearing about things like this make a mockery of the judicial system.
Yes, he has a right to a fair trial but come on, this is an absolute joke!!!
If I was their family I would bring a case to sue him & the police for causing death by dangerous driving.
It really doesn't.
I disagree, of course it does.
How can someone with 67 previous convictions and 15 year driving disqualification who was driving a stolen car, whilst disqualified, at 40mph over the limit, while heavily intoxicated and then drove onto the pavement & KILLED 2 people be allowed to even appeal his sentence. more to the fact how can the lawyers representing him & advising him have the moral decency to even suggest this appeal.
we are ultimately paying for this appeal procedure.
I worry about not bringing my bins in on time in case the council fine me yet this guy... FFS!
No, the appeal doesn't.
However, the fact that he was not deprived of his liberty on a permanent basis with the previous record very much does.
I don't understand why his conviction wasn't 14 years as that's the maximum currently allowed? He already got a more lenient sentence than he could have received.
Is there provision for the sentence to be increased as well as potentially decreased?
Considering his previous convictions and his actions he should be grateful for the law being so lax when it comes to human life, if large sums of money had been involved rather than people's lives I'm sure he'd have gotten worse.
As you say the maximum. So every single aggravating factor would need to be apllicable. Typically
Drink or drugs
Driving whilst DQ
Leaving the scene
Attempting to avoid detection
Libelling victims in court
And there would also have to be none of the possible mitigating factors. So, you get the maximum for the maximum. In this case the driver really did push the boat out. Over 10 years is a big sentence when the max is 14.
At what point does the law take away a person’s licence for life? I mean what does that impact their human right to have to catch a bus or walk?
The justice system and societies addiction to the car needs total revision
Take him to a desert and peg him out on the sand and leave him to die in the heat of the sun. Then vultures can feast on him. Scum, absolute scum.
We can only hope the judge presiding will treat this appeal with the (lack of) respect it deserves.
He's have been 6ft under years ago under my regime.
Signed.
I wish they'd leave him to the crows.
Somehow I don't find myself concerned with this scrotes human or legal rights!
Ridiculous, and they will throw it out of court. Save your ire.
One can only hope that the scrote has seen the error of his ways and is appealling about the shortness of his sentence.
P. S. signed petition quite some time ago, but as others have said get F&F to sign as well.
Unfortunately written into our laws are the right to appeal convictions. Lets hope his sentence is increased.
What's unfortunate about the right to appeal? Many of the posts here just confirm that cyclists can be as stupid and as nasty as everybody else.
The right of appeal is everybody's protection against injustice, and you can't deny that injustices happen, plenty of people have been banged up wrongly in the past. If the court makes a bad judgement on this appeal then you have some right to complain but to get all het up because a criminal is appealing is just contributing to a lynch culture.
If you would rather live in a country where lynch law based on group prejudice is normal then you could consider Afghanistan. Of course if you moved there you take the risk that somebody will casually dislike a foreigner on his bike and his mates will back him up if he shoots you or drives over you.
Just get behind the families, it's a great chance to get some publicity and recognition for the road justice campaign.
Petition signed.
Signed
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