A taxi driver has avoided jail and was instead given a six-month sentence suspended for 12 months and a one-year driving ban for hitting and killing a cyclist in Bradford, an incident that saw the professional driver make an "unsafe" right turn across a junction while "blinded by the sun".
Fiaz Hussain admitted causing the death of Jeremy Richardson by careless driving over the incident on Barkerend Road, at the junction with Gilpin Street, in the West Yorkshire city in June 2022.
Mr Richardson, 61, a "highly respected" headteacher and experienced cyclist, was cycling to work at Beckfoot Thornton school and was travelling downhill on the route at around 6.30am when Hussain was driving in the opposite direction. A reporter from Yorkshire Live was in court to hear how the 60-year-old taxi driver claimed he was "blinded by the sun", the prosecutor noting that he made the right turn across the cyclist's path "when it was unsafe to do so", hitting him and causing injuries which he later died from in hospital.
Hussain stopped at the scene and was initially charged with causing death by dangerous driving, but the prosecution accepted his guilty plea to the lesser causing death by careless driving charge in August.
Prosecuting, James Lake argued the safest option for Hussain would have been to have stopped or proceed with extreme caution due to the low sun, but instead he made the right turn across Mr Richardson's path.
The court heard that Hussain had worked as a taxi driver since 1990 and had a clean driving licence. He has been banned from driving for a year and will be required to undertake 80 hours of unpaid work and attend 10 rehabilitation activity days.
The judge, Jonathan Gibson, noted Hussain had shown remorse and concluded Mr Richardson was a "highly respected headteacher in this city who over the course of his career had helped and supported so many pupils and staff".
"He is, and remains, sorely missed and it is certain that no sentence the court can impose would be able to compensate for his life at all," the judge said, handing down a six-month suspended sentence for Hussain.
The court also heard from Mr Richardson's wife Amanda who said her husband was "a talented and thoughtful teacher who always brought out the best in others". She added that she had received hundreds of messages from teachers and pupils who had remembered him fondly.
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There may well be an element of that but I'm afraid such words too often precede pathetically weak sentences for me to believe that there isn't also at least an element of "so there's no real point in a stiff sentence" involved as well.
The judges abide by detailed sentencing guidelines. It's not so much "there's no point using the maximum sentence" as "the guidelines don't indicate that I should use the maximum". I'm not saying that I think this sentence is adequate. I'm just saying it's not necessarily the individual judge (though of course they have to apply the rules), but the sentencing framework that they work within. Here's the guideline for death by careless: https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/causing-death-by-careless-or-inconsiderate-driving/ Looks like they assessed him as culpability C, mitigated by no previous convictions, aggravated by vulnerable victim, reduced for guilty plea etc.
I'd argue that culpability B would be more appropriate, specifically "Unsafe manoeuvre or positioning". "Driving for commercial purposes" is also an aggravating factor alongside, as you note, the fact that the victim was a cyclist. We can't know if the judge has decided it's culpability B or C as the sentence is the lowest allowable for B and midrange for C. It would help if the judge had to provide a detailed public explanation of the reasoning for sentencing rather than just some (in my opinion) weasel words about "no sentence can bring the victim back so..."
This is why I think that causing someone's death by careless/dangerous driving should result in a lifetime ban. It at least provides the grieving family/friends with a modicum of relief that the driver won't be allowed a second chance to put another family through the same ordeal.
The purpose of sentencing may not be to compensate the family but it should give them a sense that justice has been done. Surely they have a right to expect that. Had the cyclist been killed by a gun then the charge would be manslaughter and if this sentence had been the result I would expect the family to be incensed by it. As others have said, prison may not be the answer (he stopped at the scene and seemed to show genuine remorse although pleading guilty to dangerous driving would have confirmed that) but a lengthy driving ban would not have gone amiss (just as if it ahd been a gun I would expect the firearms licence, or whatever is needed to own a gun, to be revoked).
For what it's worth, I'm not trying to defend the sentence, and I do agree with all the calls for longer bans. 12 months' disqualification is the minimum for this offence, and it gets increased if they've had previous bans - how many chances does someone need?
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