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Texting driver who killed cyclist granted leave to appeal sentence

Christopher Gard, who had 8 previous convictions for using phone at wheel, was jailed for nine years for killing Lee Martin

Christopher Gard, jailed for nine years in September after pleading guilty to causing the death by dangerous driving of cyclist Lee Martin, has been granted leave to appeal his sentence.

Mr Martin, aged 48, had been taking part in a time trial on the A31 when the fatal collision happened at Bentley on 12 August 2015.

Gard had been texting a friend when he struck Mr Martin and it was later revealed that he had deleted three texts from his phone immediately after the crash.

At his trial in September, Winchester Crown Court also heard that he had six previous convictions for using a handheld mobile phone while driving – the most recent being a month and a half before Mr Martin’s death, when Gard persuaded magistrates to let him keep his driving licence.

> Nine years in jail for texting driver who killed cyclist

After Gard was sentenced to nine years in jail and banned from driving for fourteen and a half years, the victim’s brother Darrell Martin said the courts had failed to protect him.

"There were opportunities to stop the man from driving around,” he said. "Just six weeks before he had persuaded a magistrate not to take his licence away and promised to lock his phone in the boot."

He added: "The text message – think about how inane this is – it was about meeting his mate later and taking his dog for a walk. That's what killed my brother."

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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20 comments

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Daveyraveygravey | 7 years ago
1 like

Cut the bastards hands off...

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webster | 7 years ago
1 like

Can they please double his sentence and punish his family too?

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brooksby | 7 years ago
2 likes

Leave to appeal? I think he needs to demonstrate why his conviction or his sentence were unfair... Maybe the judiciary just wanted a chance to laugh at him before they say "No chance!" and send him back to Big Zeke...

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davel | 7 years ago
4 likes

3 big Zekes.... Ouch.

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Mungecrundle | 7 years ago
1 like

Stupid duplicate posting bug...

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Mungecrundle | 7 years ago
1 like

I hope big Zeke is very big indeed.

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Mungecrundle | 7 years ago
1 like

I hope big Zeke is very big indeed.

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Mungecrundle | 7 years ago
3 likes

I hope big Zeke is very big indeed.

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davel | 7 years ago
3 likes

I hope big Zeke decides it has the makings of a long-term relationship.

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Yorkshire wallet | 7 years ago
4 likes

I hope he meets big Zeke in the showers.

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SNS1938 | 7 years ago
2 likes

"There were opportunities to stop the man from driving around,” he said. "Just six weeks before he had persuaded a magistrate not to take his licence away and promised to lock his phone in the boot."

 

So he also lied to the previous judge ... so can he be charged with that too?

 

What a complete douche

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PaulBox | 7 years ago
2 likes

I just hope that he is given a longer sentence.

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ironmancole | 7 years ago
10 likes

Now, if only the judiciary could be implemented into the death of the victim due to their failure to put public safety ahead of the selfish pleas of the individual before them we'd see a step change in their willingness to keep letting these people stay on the roads.  They clearly failed to assess the risk this individual presented and as an indirect result someone else had to donate their precious life to highlight just how weak the courts are....yet again. 

Let's face it, if they had released a criminally insane individual with 8 previous offences (a clear pattern of not giving a shit about others) who went and stabbed a politician whilst shouting some neo nazi rhetoric (just saying) there would be public outcry. 

Car?  Whoops. Next.

Until society rejects the notion that a licence is an ultimate right regardless of competence we will make little in the way of progress.  Unfortunately we are locked into submission by powerful lobbying groups who appear to put the fear of God into any MP who even tries to change the status quo around motoring conduct and culture...what other reason is there for continued parliamentary apathy towards such sustained and needless violence?

Perhaps civil litigation to bankrupt these people is the only interim way of bypassing the current 'justice' system in the hope they are forced to take the bus or heavens forbid, hop onto a bike.  

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burtthebike | 7 years ago
11 likes

If he gets his sentence reduced I am giving up on the judicial system and will be forming a vigilante cycling club, complete with baseball bats and blunt rusty penknives.

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MikeOnABike replied to burtthebike | 7 years ago
4 likes

burtthebike wrote:

If he gets his sentence reduced I am giving up on the judicial system and will be forming a vigilante cycling club, complete with baseball bats and blunt rusty penknives.

Where do I sign up?

I can supply my own bat.

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WillRod replied to burtthebike | 7 years ago
6 likes

burtthebike wrote:

If he gets his sentence reduced I am giving up on the judicial system and will be forming a vigilante cycling club, complete with baseball bats and blunt rusty penknives.

I'm considering investing in a big solid D-Lock as that is much easier to explain! Already claimed my first wing-mirror this summer.

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brooksby replied to WillRod | 7 years ago
0 likes

WillRod wrote:

burtthebike wrote:

If he gets his sentence reduced I am giving up on the judicial system and will be forming a vigilante cycling club, complete with baseball bats and blunt rusty penknives.

I'm considering investing in a big solid D-Lock as that is much easier to explain! Already claimed my first wing-mirror this summer.

Have you been watching Premium Rush again...? 

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Sevenfold | 7 years ago
6 likes

Is it possible to request a harsher sentence - if so who do we have to contact?

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StraelGuy | 7 years ago
0 likes

Unbelievable...

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flathunt | 7 years ago
12 likes

... I just ...

 

... I ...

 

...

 

 

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