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Drink-driver who killed cyclist told to prepare for jail

Judge leaves David Leather in no doubt that he faces custodial sentence for causing death of Steve Farrish

A drink-driver has been told he will be jailed after Christmas for causing the death of a cyclist last year.

Steven Farrish, aged 49, died when he was struck by a car driven by David Leather, 32, at around 1am on 21 October last year, reports Cheshire Live.

The fatal crash happened on the A523 between Bosley, Cheshire and Leek, Staffordshire.

Mr Farrish, a musician known as Riverboat Steve, had been cycling home to his houseboat after an evening out in Macclesfield where he was a well-known and popular figure on the local music scene.

Leather, from Leek, pleaded guilty to causing death by dangerous driving at Chester Crown Court.

Anna Massells, prosecuting, told the court that Leather had admitted being over the drink-drive limit and was speeding at the time of the collision.

“Accident investigators concluded that this was an open, straight stretch of road,” she said.

“They concluded that any driver would have been able to see Mr Farrish for between 12 and 15 seconds prior to colliding with him.

“Mr Farrish was also wearing a high visibility vest at the time of the collision.”

Judge Stephen Everett, who adjourned sentencing until Monday 7 January, told Leather that he would receive a custodial sentence.

He said: “It’s not a matter of if you’re going to custody it’s a matter of how long. That’s for me to decide.

“And you must not think you will be out and about over Christmas with the restrictions I’m going to impose.”

The judge placed a curfew on Leather from 6.30pm-5am each day, and on Mondays, Wednesdays and Fridays he must report to a police station from 3pm-5pm. He was also given an interim driving ban.

“You need to get your affairs and businesses in order as you know what to expect when I next see you,” the judge added.

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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11 comments

Avatar
BehindTheBikesheds | 6 years ago
3 likes

Driving a motor is far too easy these days what with all the gadgets and driver aids, not being able to turn in the road or around a corner is removed because the government want drivers to be able to use distracting devices in their cars instead, it's a fucking disgrace!

You might as well put a 5 year old behind the wheel. Many youngsters have incidents because they get the buzz of freedom and speed and can do what they like with virtual impunity, being able to accelerate in even a cheap arse motor is ridiculously beyond what most people never mind newbies can handle.

If you restricted motors to be used by everyone to 40bhp and/or acceleration speeds (say 0-60 in 15 seconds max) until they take an advanced driving test+training and agree to have a retest every three years then that would have a massive impact on driving standards.

Also simply reducing the max speeds any motor can attain anywhere, there's zero reason to have a motor than can do anything above 80mph, again something that government could enforce but won't because it's a vote loser/unpopular but they doon't give a fuck if it costs lives and tens of billions to the taxpayers/NHS etc. 

Avatar
burtthebike replied to BehindTheBikesheds | 6 years ago
3 likes

BehindTheBikesheds wrote:

If you restricted motors to be used by everyone to 40bhp and/or acceleration speeds (say 0-60 in 15 seconds max) until they take an advanced driving test+training and agree to have a retest every three years then that would have a massive impact on driving standards.

That is pretty much what happened in East Germany when everyone drove a Trabant, there was no racing, and apparently almost everyone drove considerately because they couldn't accelerate like a bat out of hell anyway.

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gmac101 | 6 years ago
1 like

Is increasing the cost of the test a bad thing?  Some of the worst road crashes are the result of poor driving by young, inexperienced drivers, making them save a bit longer might help.  

The test should only be valid for 5 years, then you should have return to a test centre for an automated eye test, a new driving license photo, an automated test on the Highway Code including updates and present a certificate showing you have undertaken some kind of training to improve your driving in the past five years, introducing a the kind of continuous professional development that other safety critical professionals like doctors and engineers have to undertake.  

 

 

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Mungecrundle | 6 years ago
1 like

Better pack an overnight bag and some clean jammies.

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ktache | 6 years ago
3 likes

It was mentioned in the Cheshire Live's previous articles that he was also charged with "failing to stop at the scene of an accident, failing to provide information relating to the identification of the driver of the vehicle"

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BehindTheBikesheds | 6 years ago
5 likes

There ARE aggravating factors, speeding and over the prescribed alchol level!! It's a callous disregard for the safety of others on the road by driving with too much booze inside you, something everyone knows kills and maims. Speeding, yet more ignorance of the law and is a significant factor in KSIs.

Should get 6 years at the very least, anything less would be a travesty of justice

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Bishop0151 | 6 years ago
2 likes

Current sentencing guidlines don't mention a minimum compulsory prison time, but gives the following guide that implies a lower end of 12 months*, if I'm reading it right.

i) No aggravating circumstances – twelve months to two years' imprisonment (previously 18 months);
ii) Intermediate culpability - two to four and a half years' imprisonment (previously 3 years);
iii) Higher culpability – four and a half to seven years' imprisonment (previously 5 years);
iv) Most serious culpability – seven to fourteen years' imprisonment (previous starting point of 6 years).

There is a 2 year ban with extended retest. It seems that all but the lightest sentance will mean that you serve out your ban in prison!

 

http://www.bailii.org/ew/cases/EWCA/Crim/2006/3186.html - paragraph 19

Avatar
mike the bike replied to Bishop0151 | 6 years ago
2 likes

Bishop0151 wrote:

...... There is a 2 year ban with extended retest. It seems that all but the lightest sentance will mean that you serve out your ban in prison! ...... 

 

You'll be pleased to know, Your Eminence, that his ban won't start until he is released. Less happy, perhaps, to know that the extended re-test is seldom failed as it only examines to the same standard as the ordinary, basic test.  It's just longer, as the name suggests.

Avatar
burtthebike replied to mike the bike | 6 years ago
3 likes

mike the bike wrote:

Bishop0151 wrote:

...... There is a 2 year ban with extended retest. It seems that all but the lightest sentance will mean that you serve out your ban in prison! ...... 

You'll be pleased to know, Your Eminence, that his ban won't start until he is released. Less happy, perhaps, to know that the extended re-test is seldom failed as it only examines to the same standard as the ordinary, basic test.  It's just longer, as the name suggests.

And as we all know, the existing test is not fit for purpose anyway, so we keep allowing people proven not to be capable of being in charge of a killing machine a licence to be in charge of that machine.  It is absolutely true that we are a car based society, where drivers have greater rights than other citizens.

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mike the bike replied to burtthebike | 6 years ago
0 likes

burtthebike wrote:

...... And as we all know, the existing test is not fit for purpose anyway, ...... 

It is true, for sure, that today's test cannot examine every aspect of driving that the candidate is likely to meet in her driving life.  But, unless the test time is greatly extended, and consequently made much more expensive, that's never going to happen.  All we can hope for is that the successful candidate finds a way through a representative selection of hazards.

Did you know, by the way, that recent changes to the format have seen the removal of the 'turning in the road' and the 'reverse into a side-road' in favour of a longer spell of independent driving?  It's probably a good move by the DVSA.

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Russell Orgazoid | 6 years ago
0 likes

The fact that he is told to expect jail suggests to me it's optional, not expected.

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