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news
Lorraine Barrow (video still via Avon & Somerset Police).PNG“The justice system has let my beloved Lorraine down,” says widower after speeding driver who killed his wife given suspended sentence
A grieving widower has said that “the justice system has let my beloved Lorraine down” after a speeding driver who killed his wife just yards from the family home was handed a suspended sentence.
Lorraine Barrow, aged 57, was cycling home on the evening of 17 September last year when Victoria Hamer, 26, crashed into her from behind on the B3139 Mark Road near Blackford, Somerset, at around 6.20pm.
Hamer, who pleaded guilty at Taunton Crown Court to causing death by dangerous driving, claimed that she had not seen Mrs Barrow due to the sun being too low.
However, the court heard that she had been driving her Volkswagen Polo at a speed of at least 44mph despite the road having a speed limit of 30mph.
Mrs Barrow, who just three days earlier had celebrated her 35th wedding anniversary with her husband Chris, died of serious head injuries at the scene of the crash, which was recorded by a CCTV camera at a nearby house.
Yesterday, Judge Paul Cook sentenced Hamer to 12 months’ imprisonment, suspended for two years and also imposed a six-month curfew and ordered her to carry out 200 hours’ community service.
She was also banned from driving for 30 months and will have to take an extended driving test before regaining her licence.
“This is the most saddening of cases,” the judge said. “The harm could not have been greater. You were well over the speed limit and you were driving into blinding sunlight. You were unable to see ahead of you, your proper reaction should have been to slow down – this was short-lived dangerous driving.”
The offence to which Hamer pleaded guilty carries a maximum punishment of 14 years’ imprisonment, but the judge said that in handing down the sentence he had taken account of her early guilty plea, her remorse, and the assistance she gave at the scene.
After sentencing, investigating officer Dai Nicholas of Avon & Somerset Police said: “Lorraine’s family have endured a huge amount of pain and I’d like to pay tribute to their courage throughout the legal process.
“Although Hamer’s sentencing sees the court proceedings conclude, the agony and hurt they are feeling does not simply end with it. Our sympathies are with them and we continue to support them at this time.
“Victoria Hamer will wake up every day for the rest of her life knowing her reckless actions killed an innocent and beloved woman.
“I hope all motorists take heed of this tragic tale and recognise the importance of adhering to road safety measures and speed limits because failure to do so all too often has fatal consequences and rips people’s lives apart.”
Reacting to the sentence, Mr Barrow strongly criticised the justice system, which he said had “gone too far in protecting the rights of the perpetrator losing sight of the rights of the victim.”
He said: “There is no sentence that the court could have imposed on Victoria Hamer that will ever compensate for the unnecessary, avoidable killing of Lorraine. It certainly does not bring closure as my sentence is life without Lorraine. Closure, for me, will be when my ashes join Lorraine’s.
“The justice system is not just about justice for the victim, which will never be enough, but also about setting a deterrent for others. This sentence does neither. After all the hard work done by the police, the justice system has let my beloved Lorraine down.
“Victoria Hamer will serve her sentence and most likely go on to live a normal life which, in all probability, will extend beyond Lorraine’s 57 years. Whilst Ms Hamer did plead guilty this was done in the face of overwhelming evidence and in the knowledge that by pleading guilty her sentence would be reduced.
“From our kitchen window I can view the exact stretch of road that the car travelled on its way to killing Lorraine. I can watch as the police, using their speed guns, attempt to catch drivers exceeding the limit thereby breaking the law.”
He continued: “Why does society in general think that speeding is a low-level crime? It is not. The affect it has on generations of families, in our case four generations, is devastating, shattering and crushing. We do not have a God given right to drive a vehicle how we want and without due consideration to other road users. Drivers have a duty of care. Our attitude to speed and how we control it is, quite frankly, ridiculous.
“Unlike those that carry a knife, which is unlawful in itself, road crime death, is not classed as homicide. Why is this? We have gone too far in protecting the rights of the perpetrator losing sight of the rights of the victim.
“Lorraine was doing everything right. Her road positioning was correct, her signal was clear, she was wearing light blue jeans, cycling jacket with reflective piping, high-visibility vest, and a helmet with rear facing light clearly visible against the green and brown hedge row.
“I am proud, as was Lorraine, that we live in a just society however the scales of justice, in our opinion, have become unbalanced. They tip too far in favour of the perpetrator,” Mr Barrow added.
“Those that break the law are being able to conduct a normal life for months, if not years, while we have had to wait and suffer the anguish and mental anxiety of not knowing what, if any, justice will be obtained for our loved one.”
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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50 comments
I was a bit confused by the photo and lack of sun.
Driving is a right is something that is going to be around until we get autonomous vehicles and also sentencing is too light.
I just read a bloke was banned for driving with excess drugs in his system after he tested positive for cocaine at the roadside and was banned for 2 years.
5 days later he was caught by the same officer but only gets a further 12-month ban.
A sad story to read and heartfelt condolences to Mr. Barrow. He raises a really valid point in expressing his utter disgust at the sentencing provisioning within the UK Legal System. How can we, as a society, tolerate the use of a motor vehicle to injure, maim and kill another person and yet not sentence and deter others appropriately? If someone is seen, or is suspected of carrying a weapon (firearm. knife, machete et al) the police, quite rightly, would descend on the scene with the express aim of removing the threat to the innocent population. The judiciary would follow up with the might of the law in their sentencing, to give a message that these acts will incur consequences. Why then do we tolerate the opposite view when a speeding/carelessly driven motor vehicle is used? When terrorists use lorries etc to mow down pedestrians, the media and general public are outraged. Yet, we see and hear of victims such as Lorraine Barrow daily. Why have we become so immune to the senseless slaughter on our roads?
I agree. I hope the judge gets a copy of that statement and feels a little ashamed by his lienciency.
@simon
"However, the court heard that she had been driving her Volkswagen Polo at a speed of at least 44mph despite the road having a speed limit of 44mph."
What a tragic thing to happen to that family and such an emotional and damming statement.
I hope that Mr Barrow's statement echo's across the land and every law maker and politician is force fed that statement until something changes.
Those last nine paragraphs should be put in bold within this article, they sum up everything this site is trying to rally against.
Mr Barrow's statement is yet another in the long list of victim statements that should be required reading for all aspiring and existing drivers, annually.
Never mind, once the report on road law is issued we won't have to read them any more, because all these problems will be addressed.
EDIT: The A&S Police web page has a facility to share on fb or twitter; please consider doing that.
it was a 30mph limit, Road.cc need to update the article.
I think that your opening paragraph neatly summarises a large part of the driving population's attitude towards speed, which revolves around "the limit' and likelihood of prosecution. I do recall when I was taking my test we were told on one hand that a speed limit was not a target, but on the other hand if you didn't get up to the limit promptly you could be failed for being "too cautious". Regardless of the limit, if you can't see where you are going you need to stop.
Condolences to the family, it breaks my heart how many times I have read statements like Mr Barrow's, in the certain knowledge that nothing will done and we will all be here again saying the same things again all too soon.
Also the 10% is just a guideline. Police can prosecute at any speed over the limit and courts will progress it on zero tolerance over as well. Of course the defence might argue that the device might be out or the speedo might be out but I'm pretty sure the onus of proof is them to prove that in court. In this case they Police either got the speed from forensically examining the film or crash scene (or both) so no device tolerances needed.
> Also the 10% is just a guideline. Police can prosecute at any speed over the limit and courts will progress it on zero tolerance over as well. Of course the defence might argue that the device might be out or the speedo might be out but I'm pretty sure the onus of proof is them to prove that in court.
I believe speedometer calibration testing is part of the MOT - I seem to recall it isn't permitted to under report speed, but it is permitted to over report by upto 10% - and vehicle manufacturers tend to err on the side of over reporting in my experience*
So if your travelling at 44 mph, your speedometer is probably showing closer to 48 mph.
* i.e. measuring against a (presumably) more accurate source, such as sat nav. or one of those road side devices that flashes your speed at you.
Yeah. "Minimum speed limits" they are, apparently. Because the anchoring effect and the observation that many drivers are above any particular signed limit despite the "cash cow" of speeding fines I'm interested in ways that these could be more "self enforcing".
It's factually incorrect. In a 40mph zone anything from 41-55mph is the same class A offense, prosecutable and punishable by 3 points and a fine. Since it was a 30 zone, it was already a class B offense, prosecutable and punishable by up to 6 points, a temporary licence suspension and a bigger fine.
And this is before you even consider that she was doing it while not being able to see which is, on its own, clearly dangerous driving.
This is aslso a prime example of the stupidity and entitlement that people bring to thinking about how they drive. The speed limit isn't the speed limit + 10%. That's obvious nonsense that no-one with half a brain or quarter of a social conscience could possibly believe. The speed limit is the speed limit.
"OFFENCE".
.
What is wrong with you?
How about keeping silent out of respect ?
Agreed, and I've deleted my sarcastic response, as that probably wasn't entirely appropriate either. Just saw swldxer's comment and jumped in with a reply - should have read the story first.
bang on the money there. As a pedestrian or cyclist you can see the numbers of drivers fiddling with their smartphones or yammering animatedly over their handsfree (just as distracting). Drivers think nothing of tapping out a message if they are pootling nose to tail in traffic. Some may say where's the harm at that speed, but I'm damn sure their attention, once engaged, is not released so quickly from the device. It would be so easy to prosecute, but it seems there's no appetite.
Cycliq 6CE rear facing camera/light captures HD video with a time stamp overlay, suitable for providing admissable evidence. It always captures the number plate and sometimes the drivers face, light dependent.
Edit: No sale or agent relationship, it just works adequately for me for many hours with the light off, camera on. Your milage may vary...
Sub! Someone call the sub - I don't think there's a road in the UK with a 44mph speed limit...
Really sorry about this, edited.
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