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

[naomi24]

Barsel, for what it's you're probably right. A 30 year old may well have gone to prison, but I really don't think any purpose would be served in jailing this old man - and I don't think this accident can be in any way compared to the crimes of Rolf Harris.

[naomi24]

^For what it's *worth*

(Why do words disappear on here? Anyone know?)

[Spicerack]

Strikes me that driverless cars could be a great boost for elderly people who want to retain their independence.
I wouldn't want to see drivers jailed for 'pure' accidents.(regardless of age) Seems rather vindictive to me.

[waterboatman]

The man will be punishing himself for the rest of his life. There would be no point in jailing a 90 year old man, who is the carer for his wife. Jailing him would destroy both of them.

[Old_Geezer]

Offering a different scenario isn't a problem if it sheds light on why one thinks the way one does regarding the scenario in question. If there's any disagreement it is simply concerning whether the two are comparable.

[Spicerack]

Mmm.

[mikey4444]

To send an old man to prison, for something that was an accident would do no good whatsoever.

[Old_Geezer]

I think one should consider the issues of driving where one shouldn't and hitting the wrong pedal, separately.

I'm not sure that accidently missing the brake and unintentionally hitting the accelerator should be classed as dangerous driving, a term that clearly implies deliberate intent; so I assume that was applied to the driving where he ought not, part. But the part that caused the deaths and anguish, and which cause some to call for a stiffer penalty, was the accidental hitting off the wrong pedal.

IMO the sentencing was not unreasonable even though I can understand folk thinking that the death of two people seems trivialised by it. But the deaths were the result of a small unintended error with massive consequences, and so should be viewed as accidental.

[Old_Geezer]

...of the wrong pedal...

[pixie374]

That's usually how it does work, og. The consequences are punished rather than the intention. I'm glad they have shown some common sense on this occasion.

[hereIam]

I feel sorry for the elderly man and also for the relatives of the dead women, but I feel MORE sorry for the relatives of the dead women, I think their pain is greater.

[hellywelly4]

I feel sorry for all concerned in this tragedy. What concerns me however, is that so many times we hear that 'he/she pressed the accelerator instead of the brake'. He was driving an automatic car - surely the manufacturers of these cars should make it more difficult for this to happen? It does seem to happen with older people too, and speaking as an older person (77) I wouldn't have an automatic car for this reason. Are the pedals really close together?

[jourdain2]

I've just bought my first automatic car (knee pain when in heavy traffic and lots of gear changing, holding etc.). I don't have a problem with brake/accelerator pedals. Mr J2, however, does. His feet are considerably bigger than mine and the majority of his shoes are 'comfy', so when he drives my car the journeys are punctuated with occasional lurches when both pedals at hit at once. I can see how this tragic accident could happen.