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news
Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpgSeven and a half years in jail for hit-and-run driver who left cyclist to die
A hit-and-run driver who left a cyclist to die has been jailed for seven and a half years at Wolverhampton Crown Court.
Nicholas Harrison, aged 59, died from injuries sustained when he was struck by a BMW 116i M Sport driven by 24-year-old Kade Scrivens at around 3.20am on 22 November last year, reports the Express & Star.
The court heard that Scrivens, who was on his way to see his girlfriend, lost control of the vehicle as he attempted to drive through a roundabout at Midland Road, Darlaston.
His vehicle crossed to the other side of the road where he hit the victim, who was returning home from a night shift at Yodel, throwing him into the air.
Scrivens, from Handsworth, fled from the scene and parked his car a mile away, removing the rear registration plate.
He handed himself in at a police station some 55 hours after the fatal incident, and was charged with causing death by dangerous driving.
His solicitor, Theresa Hunt, told the court that her client was "wholeheartedly remorseful" for what he considered to be a “tragic accident” and that he had not gone to the police earlier due to panic.
However, Judge Simon Ward rejected those arguments and said that Scrivens had displayed a "blatant disregard to others."
He also said that he believed the delay between the fatal incident and Scrivens presenting himself to police was that he was intoxicated due to drink or drugs at the time of the crash.
Mr Harrison, who had also worked as a steward at West Bromwich Albion FC for 20 years, had been riding on a cycle path as he made his way home, with lights on his bike and a fluorescent sash.
Judge Ward, sentencing Scrivens, said: "Nicholas Harrison was a regular cyclist, he was as safe as any cyclist thought they could be.
“He was careful and responsible. You gave no thought to the safety of other people.
"You took off the last remaining number plate and lay low.
“Saying it was a tragic accident is a lie and you know it. I can only imagine how much Nicholas's friends will miss him."
Besides his jail term, Scrivens will be banned from driving for three years once his sentence finishes.
After sentencing, Sergeant Paul Hughes of West Midlands Police said: “Nicholas Harrison had done nothing wrong and was purely heading home from work as he did on a regular basis.
“Whilst Kade Scrivens has admitted the offence this will never bring back a life and I can only hope that the sentence offers some comfort to his family and friends."
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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28 comments
"At last a decent statement from the beak. Hopefully this language will set a precedent, although I doubt it."
Above is my statement from the Kade Scrivens case where the judge gave 7.5 years jail and dismissed his mitigation. I am now very sad to see that my prophesy has come true within 24 hours.
Unfortunately, yes. Given the rate of substance abuse inside UK prisons, in 10 years he's likely to be a dishevelled mess, off his head on Spice and collapsed on the streets of Wolverhampton, a problem for the WM Ambulance Service and local NHS A&E to clear up.
Just so we're clear - I'm not suggesting he shouldn't do time, but reports like the recent inspection of HMP Liverpool suggests there is little chance of rehabilitation and every chance of a worse outcome.
Kade. That's not a name - it's a bloody spelling mistake.
Given recent wvents (pedestrian killed in hit and run) why was this not charged as manslaughter?
Yet again the system being lenient to motorists when people on bikes are the victims and conversely heavier charges compared to motorists if a cyclist is deemed at fault!
Not sure which recent event you refer to but one recent event, which received a disproportionate amount of coverage in the media, concerned a cyclist who was charged with manslaughter after hitting a pedestrian in the road who subsequently died of her injuries. He was found not guilty of manslaughter.
This driver has actually been convicted of the elusive death by dangerous driving, a charge of manslaughter heard before a jury may not have seen him convicted. We shall never know.
Do you think so? People like that who actually have no remorse, no second thought for anyone else and whom coldly leaves another person to die after they heinously harmed them rarely ever change. In 10 years time he'll still be a killer and he'll still be a threat to society and stillbe worth more to society dead than alive.
@Jasecd, I hope you never have a family member murdered/killed in this manner, I hope your mum or daughter (if you have one) are never raped and left for dead. I'm sure you'd change your tune if it were you on the receiving end, this oxygen wasting killer deserves a death sentence for the betterment/protection of our society.
Yet again an individual who destroys the very fabric of a family and takes a life gets to spend a comfortable and short period away from harming others. He will continue to behave the way he has just like the vast majority before and those after.
He deserves no second chance just the same as he gave no chance or thought for his victim!
If my mother or daughter were raped or left for dead I'd hope that I'd be sensible enough to hope that the offender was rehabilitated so that he/she could never do it again and never wanted to do it again.
You wish a death sentence on people who commit serious crimes like this? You should go to the USA, I hear that the death sentence is an extremely effective deterrent over there, and that nobody ever kills or hurts anyone because of it.
Why do we even believe in rehabilitation for everyone? Certain predators are notoriously hard to change, almost completely unchangeable. It's one thing reforming the casual criminal but rapists and the like are not the same as the shoplifter or maybe even the thug with personal anger issues.
Some people just need flushing and society would be better for it. Radical view? Maybe but if my family were raped and murdered or whatever I'd be going for the Dead Man's Shoes route not hoping the person that did it saw the error of their ways. It's admirable to try and get to the route of certain people's problems but you can study human nature all you want but we're not machines and there's not a formula other than fear or reward that makes bad people behave themselves. That's what religion used to be used for. Even that only works on people who aren't really bad though. It's admirable to believe in redemption but some people aren't redeemable.
You're all over the place - what started as a fairly stupid call for him to be murdered has now segued into a non sequitur about rape. I called you out for an immature and reactionary response to the serious issue exemplified by this crime and rather than step back and think, you launch into this straw-man argument.
We're both aggrieved about the same thing but there's a huge gap between our perspectives. We agree that the sentence given falls short of justice but unlike you I don't believe that calling for vindictive, dehumanising punishment is a worthy response.
When I was very young I had the impression that "hit and run" was a serious crime in itself. But maybe I was wrong. Maybe time the sentencing for "h&r" was reviewed. Maybe a compulsory minimum custodial sentence?
The lad is a product of our society, it's the whole narrative around cars and people that needs changing.
He will be a different person in 10 yrs.
24!!! If he carries on like he is, he'll look 50 in 10 years. Despite the calls for bum rape I don't think this guy is the sort of twink the prison bum rapist is after.
It’s truly tragic that someone can behave in such a callous manner and I really don’t think the sentence is strong enough.
What I find only marginally less depressing is the attitude of some posters on here calling for him to be “bum raped” or that “someone slits one of his arteries...”.
We have the moral high ground here - cyclists are failed by the law and deemed to be less than equal by a large minority of drivers. Why some feel that they need to stoop to this level of cheap hyperbole is beyond me.
Still a joke tariff, out in 3 years 9 months and then a 'ban' for 3 more IF he sticks to it. because just like most other banned drivers and those with no license/insurance or tax this ban doesn't actually stop people from driving.
Callous, calculating and leaving someone to die. 7.5 years is a fucking joke.
I hope someone slits one of his arteries and leaves him to die slowly and alone ... #eyeforaneye
Makes the whole world blind
Sometimes I feel sorry for defending lawyers... I mean, the ones who have a conscience must feel really, really grubby sometimes. Imagine having to *defend* young Mr Scrivens...
Their consciences are clear on that front, believe me. Criminal defence lawyers never defend a client's criminal actions. In fact, part of their job is persuading clients to plead guilty to the crimes they have committed, but only those charges that are fair.
The "defence" is protection against over-eager prosecuters, poorly evidenced decisions, politically motivated arrest quotas, cases of mistaken identity, basically all potential miscarriages of justice plus angry villagers waving pitchforks if necessary. We actually should feel sorry for them because they have a long education, relatively low wages, unsociable working hours, and very challenging jobs that involve tragic situations like this. It can be a pretty thankless vocation.
Some lawyers are just too smart for society's good, especially the 'loophole specialists' that only the rich or members of the Police Federation can afford.
It was much better in the old days ...
It was worse in the old days as certain sectors of society never got what they deserved while other were made to suffer more due to their nationality, race, religion and/or class especially if the police where involved.
Also even the wealthy can struggle to pay legal fees. Nigel Evans, who was accused of sexual assault, has spoken out about having to deal with a £100K legal bill. If you don't qualify for legal aid - and most people don't - you have to foot the bill to defend yourself if charged with criminal charges. And even if you do qualify for legal aid due to the minimum amount the government reimburses defence lawyers, you will still end up having to pay the extra.
I have known people in high profile civil cases and many have paid minimal legal fees as their case gets the barrister and/or legal firm's name well-regarded, while others use their compensation to pay for all or most of their legal expenses. Judges are now careful in ordering the winning side to pay the full legal fees of the other and in some civil courts e.g. small claims, employment, it is and has always been custom you pay your own legal fees anyway.
Oh and anyone can use a loophole specialist - you just have to know who they are, be able to get/borrow money to pay them their initial payments and if they take your case on do exactly what they say.
Not so sure about that. My mate is a solicitor and loves the 'game' of it. He doesn't care what they've done, it's the challenge of getting them off.
Their whole purpose is to defend those under threat of criminal or civil legal sanction. This most importantly includes defending those which society does not value. Don't forget that within living memory defending (or prosecuting on behalf of) a homosexual or Rosa Parks would also have been considered "grubby".
Most barristers get satisfaction from a good argument, not necessarily the guilty/innocent bit. Also most cases are plead guilty so the lawyers actually spend their time arguing sentancing.
And if you want the flipant responce to "how does it feel defending someone you believe to be guilty", "not half as satisfying as sucessfully prosecuting someone I believe to be innocent".
It's easy for the judge to pick who's the saint and who's the sinner, when it's a booze and drugged up wannabe gangster driving a Beemer killing a honest hard working man.
The true test of the law's protection of cyclists is whether we will ever see a successful prosecution for death by dangerous driving of either a middle class white woman like Gail Purcell, or a HGV driver in the middle of his delivery round. The law currently seems to think being tired and stressed due to a long day at work, or simply speaking well and being a 'professional', gives you license to kill.
True but it doesn't usually stop a ridiculous sentence... I mean this should be considered lenient!
Even easier when the defendant pleads guilty.
It seems that those who plead not guilty are seldom given any appreciable sentence, the true test will be when a jury finds a defendant guilty and the judge hands out a sentence that properly reflects the severity of such offences.
Genuine remorse for getting caught. You didn't give one solitary shit for anyone but yourself.
I hope you get bum-raped daily, Kade.
Saying it was a tragic accident is a lie and you know it. I can only imagine how much Nicholas's friends will miss him."
At last a decent statement from the beak. Hopefully this language will set a precedent, although I doubt it.
Well, at least it's a realistic sentence, and a judge who doesn't seem to think that all cyclists are basically law breakers who deserve all they get.
Not happy about the driving ban though, which should be for life. Would you ever get a gun licence back if you shot someone?
And how the hell did a 24 year old afford a car like that? The insurance, and I'm assuming from the lack of mention in the report that he had it, must have been more than the average annual wage.
They're not that expensive, one of the cheapest BMWs in fact.
A car lease and a monthly DD for the insurance would see even someone on minimum wage driving a brand new one... assuming they lived with parents or in subsidised accommodation.