A driver who was distracted by his phone before hitting and killing a cyclist on a dual carriageway in Norfolk has avoided prison, instead being handed a 12-month sentence suspended for 18 months and a 12-month driving ban after admitting causing death by careless driving. 

The Eastern Daily Press and the Thetford & Brandon Times were in court for the sentencing of Shayne Hill, now aged 32, who hit 54-year-old Cheryl Tye in a 60mph collision while she was taking part in the East District 50-mile time trial championship between Croxton and Eccles on 26 June 2022.

After more than four hours of deliberation by a jury, Hill was cleared of causing death by dangerous driving earlier this year. He was in court for sentencing on Thursday 2 October after pleading guilty to the lesser charge of causing death by careless driving.  

During trial, the court heard that Hill was “engaged with his phone” for 10 seconds while driving his blue Citroën Dispatch van before the collision at 9.35am on the A11 dual carriageway. In the immediate aftermath, a woman who stopped at the scene reported that Hill said he “was looking for my drink. I didn’t even see her. What will I get?”

Hill told police that his phone was in a holder and was being used for mapping purposes. His sister sent around 25 WhatsApp messages of photos from a family barbecue the previous day, and Hill claimed that the “flurry” of phone activity before the collision was him touching the screen to wipe away the notifications. 

The prosecutor, Nicholas Bleaney, argued during the trial that Hill’s driving fell “far below the standards of a careful motorist”, adding: “The Crown’s case is that if you are not paying attention for 10 seconds covering 300 yards and hit someone in the back, it’s not careless driving, it’s dangerous because it falls far below the standards of a careful motorist.”

In mitigation, Hill’s barrister Michael Clare accepted that his client had “more than a momentary distraction”, claiming it was a “brief but avoidable distraction”.

He also added that Hill had “no memory of what happened”, but was deserving of credit for pleading guilty to causing death by careless driving. It was also noted that Hill had no previous convictions, had co-operated with police after the collision, and was “remorseful” about what happened. 

Judge Anthony Bate handed Hill a 12-month prison sentence suspended for 18 months, a 12-month driving ban, an order to carry out up to 15 days of rehabilitation, and an order to carry out 300 hours of unpaid work. 

Calling the case “very sad”, the judge said events took a “tragic turn” on the morning of the collision, because Hill had “failed to see” Mrs Tye due to his “inattention on the road ahead”. The judge took Hill’s guilty plea into account when handing down his sentence. 

The Eastern Daily Press reported that Hill himself made a ‘miracle recovery’ from a serious incident in 2013, when his car smashed into a tree.

In his trial for causing the death of Mrs Tye, Hill’s barrister submitted this in mitigation, claiming that Hill was still affected by “his own road traffic accident some years ago”.

After the fatal 2022 incident, the East District branch of Cycling Time Trials, the national governing body for time trials in England and Wales, suspended races on dual carriageways for the rest of the year, after a number of incidents involving time trial participants on the A11, and a warning from National Highways of the “significant dangers” of holding time trials on major roads.

Its secretary, Mike Johnson, pointed out the group complied with all of the legal requirements associated with running time trials, saying that “everything is very rigidly controlled.”

“All cyclists also now have to use front and rear lights, which you see from half a mile away, so there is really no excuse for any accidents [collisions] at all”, added Mr Johnson. 

It was noted during Hill’s trial that Mrs Tye was wearing a white and yellow top and had flashing lights on the front and rear of her bike at the time of the collision. The court also heard that the collision happened on a straight section of road with good visibility, and the weather conditions were ‘fine’. 

“Cheryl Tye’s death was entirely preventable”

Cheryl Tye
Cheryl Tye (Image Credit: cheryltye.muchloved.com)

In a social media post, Norwich Cycling Campaign deplored the sentence handed down to Hill, claiming the punishment was evidence that “…killing a cyclist through distraction does not carry meaningful consequences.” 

“Looking at a phone while driving is not a ‘brief distraction’ – it is lethal”, said Norwich Cycling Campaign.

“[A] 12-month driving ban does not reflect the gravity of taking a life. 

“Suspended sentences show cycling deaths can happen with almost no accountability.

“Cheryl Tye’s death was entirely preventable. Distracted driving is deadly, and sentencing must reflect that reality.” 

At the time of her death, the mayor of Hadleigh Town Council, Frank Minns, paid tribute to his “dynamic and determined” former colleague. 

“She was at the council for about 15 months and she was quite a dynamic and determined person and unmistakably from Yorkshire,” he said.

“She was a fine and honest person and I had quite a close working relationship with her and whatever I achieved I would not have managed without her support.”

Before Hill was sentenced, the prosecutor read extracts of statements from Cheryl’s family, with her husband Chris saying that he is “no longer able to take part in such races” after taking part in the time trial where his wife lost her life. He also said that he had “come to the numbing realisation that having set off together in this race he’s now on his own.”