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news
Justice (Lonpicman, Wikimedia Commons)'No point' jailing driver who killed cyclist says judge
A judge told a County Down motorist who killed a cyclist he saw “no point” in jailing him as the maximum sentence meant he would be “out in six weeks.” William Lappin was instead sentenced to 100 hours community service and a 12-month driving ban for causing the death of Stephen Lynch by careless driving.
The BBC reports that Lynch, a father-of-five, died at the scene when he was hit by Lappin on the Bangor Road in Newtownards shortly before 5.50am on October 6, 2016.
A forensic accident investigator concluded that Lappin had struck the back wheel of the bike while travelling at around 50mph in the 70mph zone. There was no evidence that he had tried to brake prior to the impact.
While there was street lighting and Lynch had a light on the front of his bike, there was no rear light.
The accident investigator said Lappin would have had a view of Lynch's bike from 62 metres, a distance he would have covered in 2.8 seconds.
Lappin told police he was blowing his nose at the time of the impact and didn't see Lynch.
District Judge Mark Hamill said that given Lappin’s guilty plea, "in effect the maximum sentence is three months... even if I throw the book at him."
He said: "What's the point in sending a man like this to prison for three months? He will be out in six weeks. I'm just not going to do it. I may outrage the family, I don't know, but I'm just not going to do it."
Hamill added: "These cases are desperately, desperately sad, but the courts cannot turn the clock back to make things right."
He said the case should serve as a warning of the dangers of inattention.
"Anybody in this court room who is a driver can be guilty of inattention, a moment of carelessness. Anyone could end up in the same position of Mr Lappin following a few seconds' inattention."
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
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...and...
A forensic accident investigator concluded that Lappin had struck the back wheel of the bike while travelling at around 50mph in the 70mph zone. There was no evidence that he had tried to brake prior to the impact.
SEVENTY MILE AN HOUR ZONE....?????? WTF???
It's disgusting enough that cyclists should ever have to endure traffic at 50...!
70mph I always understood was for motorways only.
What kind of society entitles lethal machinery operators to behave like this?
A mass education programme OF the government should be imposed, as with he motor-using population (ditto for the UK).
Would need to cover some basic laws of physics, alongside the statistical evidence available as to the decreasing chances of surviving a collision with a heavy piece of machinery increases
with the speed of travel.
Those responsible for allowing death and maiming with the stupidity of speeds on narrow roads need some sense and reason banged into their heads.
70mph is the national speed limit on a dual carriageway. Cycling on a dual carriageway, while legal, is something that really should only be done if there's no other road available as the speed differential between you and traffic is freighting.
Along with about 50% of drivers who are licensed and totally unaware that the national speed limit is 70 on dual carriageways and 60 on single carriageways.
The presence of a central barrier being the distinction.
And every weekend some cycling club somewhere will be organising a time trial on these roads. I just can't understand it.
Back to the case in hand the contrast with the Charlie Allison case is truly shocking, tell me again why laws need to be revised to bring cyclists in line with drivers because currently we are getting off lightly.
The speed limit on either could be a low as 20mph.
And the limit varies with the vehicle used.
How can the maximum sentence for causing death by dangerous driving be only 3 months? That's a licence to kill! That means you can hit anyone you like with your vehicle, claim you weren't paying attention (blowing your nose) and the worst you can get is three months. That's unbelievable.
As the first post says, if this had happened in England it wouldn’t have even made to a courtroom.
Apparently the cyclist was having to cycle to work as he had lost his driving licence as a result of a drink drive charge. Cycling that time of the morning on what is pretty much a motorway from Ards to Bangor for most locals was not sensible though. Having said that a cyclist died a little further down this carriageway last July in broad day light, be interesting to see how that driver is treated. Recent court decisions have been very lenient in Northern Ireland where cyclists have been killed by drivers.
Is that definitely true? Cripes, what a hideous irony. Wonder if this driver will in turn take to cycling their commute now that they've been banned?
I suppose at least it made it to court and the NI police didn't just do a Gail Purcell on it?
But: a judge saying there's no point in sending him to jail? Disgusting.
(No mandatory retest so he understands that blowing your nose while driving at speed can be a bad idea?)
Some community service isn't going serve as much of a warning now, is it.
Oh, it could happen to anyone, a moment of inattention, so that's all OK then... just like this guy I suppose, but the judge saw fit to sentence him more appropriately for taking someone's life:
http://www.bbc.co.uk/news/uk-england-cumbria-42752149
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