Wednesday, 4 February 2015

Recent case commentary - death caused by dangerous driving. English/Scots law comparison.

A recent case in Scotland saw a woman jailed for 16 MONTHS for causing the death of an elderly couple due to her dangerous driving. 

The article reads...


"She had been angered by the slowness of the car in front and sped past glaring at the driver and making hand gestures.

She failed to spot Mr and Mrs Simpson, who had been married for 66 years, as they were crossing the road.
Mr Simpson was killed outright while his wife was airlifted to Glasgow's Southern General Hospital, where she later died.
CCTV images showed Hoy's red Toyota speeding through Largs at 43mph in a 30mph zone." (BBC News)

What if everyone got 'angered by the slowness of the car in front' and 'sped past glaring and making hand gestures' - (I think its quite clear what kind of driver this woman is, one that should never have been on the road in the first place.) What if everyone drove at 43 mph in a 30 zone and took innocent lives in the process? What kind of world do we live in where 16 months is a sufficient punishment for taking two peoples lives?

"Hoy, of Saltcoats, was jailed for 16 months after admitting driving without due care and attention."

Despite being in Scotland, surely the rules are not that different to our own law in England and Wales? Surely, this is an involuntary manslaughter in English law (without going into applying the legal rules, it appears they are satisfied) so why is this being treated as a driving offence in Scotland? Whilst the judge has a discretion, what is 16 months for taking the lives of others and leaving devastation, just because you are IMPATIENT?!?!?!?!?!?!?!

If manslaughter was charged, the maximum could have been a life sentence [based on ENGLISH LAW]. However, it may be this driving offence charged had a low maximum sentencing tariff? Without research into Scots law and the case facts beyond the article, it is difficult to say.

If you take anything away from this though, it is to be a little more patient when on the roads, because otherwise it could well lead to a fatality such as this one.

Article - http://www.bbc.co.uk/news/uk-scotland-glasgow-west-31139534

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