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Court that handed down £35 fine for collision that killed cyclist decides on £110 fine for hitting parked car

Sentences only days apart highlight discrepancies in the justice system

A court in Solihull has, in the same week as it  gave a £35 fine to a driver who killed a cyclist, handed down a £110 fine to a woman who hit a parked vehicle and drove off.

Solihull Magistrates Court gave 54 year old Ichhapal Bhamra a £35 fine and three points on his licence for driving without due care and attention.

He hit 20-year-old Tom Ridgway, then carried on driving a further 90 metres, with the cyclist on his Toyota Previa, hitting traffic signs along the way until finally colliding with a tree.

In  comparison, Donna Lloyd, 27, hit a parked car in a multi-storey car park and drove away. She was fined £110, asked to pay £80  costs and £15 victim surcharge, and give seven points on her licence - four more than Bhamra.

The discrepancy in sentencing in the same courtroom was spotted by Bikebiz's Carlton Reid, in the Solihull News.

While the level of charge brought was a disappointment to Mr Ridgway's family it is also worth noting that Solihull magistrates did not impose the maximum sentence available to them for the offence. According to the sentencing guidelines those found guilty of careless drive can be given 9 penalty points on their licence and a fine usually amounting to 150 per cent of the defendant's weekly income.

The magistrates based their sentence on all the evidence presented to them - while our impressions of the case come from the report in The Solihull News, but even so both the charge and the sentence handed down will be seen as troubling by cycle safety campaigners and many in the wider cycling community.

Solihull MP Lorely Burt said she was “shocked and disgusted” by the sentence and pledged to look into the case. Last month representatives of CTC, British Cycling, and RoadPeace met with Justice Minister, Helen Grant to call for a review of sentencing guidelines, in cases where drivers kill or injure more vulnerable road users. At the meeting Department for Transport official agreed to back "a cross-stakeholder meeting with the different agencies involved to discuss a review of the system and how it might be improved."

As yet no date has been announced for a follow up meeting,

 

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40 comments

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lokikontroll | 11 years ago
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This is why the UK needs directives from the EU. England is filled with self-serving and adolescent children.

Continental europeans are civilised and their leaders are far, far more competent. Almost every one of these countries is a significantly more pleasant place to live and bring up children.

I love England but my heart is continually broken by the horrible mess that is squarely the fault of big business, corrupt politicians and the financial elite. This country and its governance class is simply incapable of being in any way helpful, or exercising leadership that is caring of the overall population; it is clear that with very few exceptions UK politicians and the judiciary are utterly corrupt.

The general population has transformed into an aggressive, angry and hateful people, due in part, to many years of this mismanagement, innumerable ethical violations, cynicism and stupidity.

There is no other way to explain all these senseless deaths and sentencing outcomes.

Avatar
Stumps replied to lokikontroll | 11 years ago
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lokikontroll wrote:

This is why the UK needs directives from the EU. England is filled with self-serving and adolescent children.

Continental europeans are civilised and their leaders are far, far more competent. Almost every one of these countries is a significantly more pleasant place to live and bring up children.

I love England but my heart is continually broken by the horrible mess that is squarely the fault of big business, corrupt politicians and the financial elite. This country and its governance class is simply incapable of being in any way helpful, or exercising leadership that is caring of the overall population; it is clear that with very few exceptions UK politicians and the judiciary are utterly corrupt.

The general population has transformed into an aggressive, angry and hateful people, due in part, to many years of this mismanagement, innumerable ethical violations, cynicism and stupidity.

There is no other way to explain all these senseless deaths and sentencing outcomes.

Wow, dont hold back mate, just get it off your chest  3

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cidermart | 11 years ago
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Crikey at this rate it won’t be long before you can run over and maim/kill a cyclist and then take out a case against their family to get your vehicle fixed. I would say I’m lost for words but more a case of probably best not to print them on a family site.

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bendertherobot | 11 years ago
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S'ok! I actually feel that the driving to the top of Snowdon case was way out of kilter. Some bloke does little to harm people, he's an idiot, but 22 months in jail (he gets charged with dangerous driving). There are few cases where people who do kill a cyclist when dangerous driving get that type of sentence.

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OldRidgeback replied to bendertherobot | 11 years ago
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bendertherobot wrote:

S'ok! I actually feel that the driving to the top of Snowdon case was way out of kilter. Some bloke does little to harm people, he's an idiot, but 22 months in jail (he gets charged with dangerous driving). There are few cases where people who do kill a cyclist when dangerous driving get that type of sentence.

Couldn't agree more - the bloke who drove up Snowdon certainly is a moron but compared with the taxi driver who killed the cyclist, the sentencing is clearly out of kilter.

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Stumps | 11 years ago
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bendertherobot - sorry mate, late night at work and still tired this morning, my mistake.  1

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Stumps | 11 years ago
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basically what happens is:

you are charged with the offence and get a court date to attend mags court. Once there you either plead guilty or not guilty and, due to the sentencing guidelines for mags, the case is refered to crown for sentencing or trial.

On this case the magistrates must have felt a life was only worth £35 and 3 points so dealt with it and did not refer it to crown.

There are variances to what i have typed above but that is the main route a case will follow.

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bendertherobot | 11 years ago
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Stumpy, it couldn't. Driving without due care is a summary only (Magistrates Court) offence.

Remember the Court can only deal with the charge that the CPS has brought.

At the very least they could have handed down the maximum fine and ban. But that's all they could do.

Instead attention should be turned to the actual charge brought.

The problem is the evidence. In the second case, the driving away, the evidence is plain to see, accident, damage caused, failing to stop. In the first all we can do is conject.

I still think they're out of kilter though.

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Angelfishsolo | 11 years ago
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How can any death be dealt with at a Magistrates court? It makes of mockery of the CJS and more so of human life.

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Stumps | 11 years ago
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The original case should have been moved straight to crown court and not left at magistrates.

At least then it would have brought a heftier sentence.

As for the hit and run that seems an excessive sentence. What people have to note though is that it may well have been and probably was different magistrates sitting at each case.

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