The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

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Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Saturday, July 30, 2011

Lose-Lose tragedy

I saw my second ever case of Causing Death By Careless Driving the other day. We were easily persuaded to send it to the Crown Court to be dealt with, despite the fact that it was a run-of-the-mill driving error, that had devastating consequences. I can't say too much about it, but it came down to a moment of inattention on the part of a driver that resulted in a collision. Unfortunately the third party was a cyclist, who died a few hours later.

I will try to stay in touch with the eventual outcome of the case. Guidelines have softened the vengeful character of the original 'Sun' - inspired law, about which I have blogged several times, and I suspect that in the absence of aggravation such as mobile-phone use the driver will, as the 'Sun' would say, walk free from court, although he is bound to face a disqualification.