Did The Judge Get The Sentencing Right?

[Barsel]

The thing that bugs me about this case is the judge saying the leniency of the sentence has nothing to do with his age, and yet, if a younger person drove into that area at the hospital which has Emergency Vehicles Only in big white letters on the ground plus No Entry signs and barriers, and that young person killed 2 people because they thought the accelerator was the brake, would the judge still hand out the same verdict?
http://www.dailymail.co.uk/news/article-5057721/Pensioner-ran-killed-two-women-walks-free.html?login#readerCommentsCommand-message-field

[tonyav]

Did The Judge Get The Sentencing Right?

No I don't think he did.
mind you the judge is probably the same age.

[ummmm]

What would locking him up achieve?

[Barsel]

I did wonder that tony.

[Barsel]

ummmm locking anyone up doesn't always achieve something. The family want justice and they haven't got that. I tried to put myself in their shoes and if someone, whatever their age, drove into an area where they shouldn't have been and killed a daughter, sister of mine, then I would want to see that person punished, I would want to see justice done.

[ummmm]

I understand that but he's a 90 year old carer. He wasn't purposely reckless or dangerous, he's not a danger to the public, he won't be on the road again and he has to live with the guilt of what he done.

[ladybirder]

The man is broken by what he has done as I would be if I were in his shoes. It is terrible for all parties concerned.

[Barsel]

/// He wasn't purposely reckless or dangerous/// By driving into an area where he shouldn't have, to me, that in itself is purposely reckless.People are walking about in that area as they are not expecting a car to drive in there.Only emergency vehicles are allowed and obviously you here them coming. When Rolf Harris was sent to prison did you think that he was a carer for his wife and that he was unlikely to abuse children again and so he should be spared a jail sentence? This man killed two people and yet he is allowed to walk free, doesn't seem right.

[ummmm]

Sexual abuse and car accidents...are you really comparing the two? I doubt Mr Bull had the urge to knock innocent people over!

[Mamyalynne]

I don't think bringing Harris in is in any way helpful - the Judge has used the guidelines and it's obvious many won't agree with them, least of all the family.

They seem very hurt he hasn't directed remorse to them personally.

As said the rest of his life will be haunted by this along with theirs.

[jourdain2]

Yes he did. The man is broken. He has probably led a pretty blameless life, like most of us. He will spend the short rest of his life in regret, with flashbacks and always conscious of a 'Guilty' verdict. What more punishment is appropriate? He will be being punished every waking moment for the rest of his life - and probably also in his dreams.

[Barsel]

ummmm ///Sexual abuse and car accidents...are you really comparing the two?///
Only in as much as they are both elderly men who care for their wives and are unlikely to commit the same crime again, but one got punished and the other didn't. Not getting into a dispute over it, just wanted to know if others felt the sentencing was right.

[ummmm]

Intent and accident is the difference.

I think the judge got it right.

[andy-hughes]

Barsel - If you are going to start an observation with the words "and yet, if ..." it highlights that you are going to offer a hypothetical alternative, which is completely useless in terms of debate.

"And yet if the driver had been an alien from outer space and launched a death ray that killed anyone in a mile radius with glasses on ..."

I hope you can see my point.

[Barsel]

I don't really see your point andy as the point I was trying to make, was that the judge said his decision not to send the man to jail wasn't based on the fact he is 90 yrs old, (the man, not the judge) but I think it did,because if the man who did this was say 30 yrs old, I think he would have got a jail sentence.

[ladybirder]

No comparison really, totally different scenario. Harris did what he did deliberately and over a sustained period. The same cannot be said about this man who is mortified by what he has done, unlike Harris who denied his abuse. He did not deliberately drive into an area where he shouldn't be, he hit the accelerator rather than the brake.
All losers, the two people who lost their lives and the ex serviceman who has ruined the rest of his.

[andy-hughes]

Barsel - // I don't really see your point andy as the point I was trying to make, was that the judge said his decision not to send the man to jail wasn't based on the fact he is 90 yrs old, (the man, not the judge) but I think it did,because if the man who did this was say 30 yrs old, I think he would have got a jail sentence. //

My point is - if you say "And yet if ..." it means you are offering a different scenario, which is pointless.

The case is what it is - it is unique, as all cases are, so pondering the what-ifs in other scenarios which didn't happen is a complete waste of time.

We can't know what the judgement would have been for a younger man - it wasn't a younger man - why ponder irrelevancies?

[Mamyalynne]

What factors affect the sentence in dangerous driving cases?


The maximum sentence for causing death by dangerous driving is currently 14 years. However the government plans to increase the top sentence to life imprisonment for the most serious cases.
Guidance given to judges sets out five factors affecting the seriousness of the offence.
They are, whether the driver was aware of the risk, whether they had used drugs or alcohol, the speed of the vehicle, culpability in terms of aggressive driving or mobile phone use and any impact the victim's actions may have had.
Factors which may reduce the sentence are a good driving record, remorse or assistance given to authorities at the scene.



There's no mention in the guidelines about age, of course I cannot speak for what the Judge had in their mind.

[Barsel]

Thanks to all of you who have given your views, all very interesting. I think the problem with me is sometimes I feel quite strongly about situations that are close to home. I use this hospital frequently and well I suppose I'm thinking along the lines of it could have been me or a family member or a neighbour and if it had (yes andy, I know) then I would feel just as the family of the two who died will be feeling. Just one last point and then I'm off to bed,ladybirder ///He did not deliberately drive into an area where he shouldn't be/// He did drive into the area where he shouldn't have so he could drop his wife off nearer to the entrance and when he turned to drive out of that area, he hit the accelerator instead of the brake.Night all.

[Mamyalynne]

I think we all do that Barsel - it's natural.

Night.x

[ladybirder]

OK Barsel, thanks for explaining.