Careless rather than Dangerous charge

Lorry driver who killed 71 year-old driver gets 2 years (July 2010)

A lorry driver who may have fatally mistaken his accelerator for the brake pedal, an error that killed a nurse, has been jailed for two years.

CTC's view: 

One of the few cases where ‘causing death by careless driving’ has resulted in a reasonable length prison sentence – but this is a motorist, not a pedestrian or cyclist.

Once again, however, the preferred charge of ‘causing death by dangerous driving’ has fallen, this time because he was acquitted in court. In most cases prosecutors don’t even bother bringing the ‘dangerous’ charge to court.

Liverpool businessman pleads guilty to 'causing death by careless driving' of top Irish cyclist, David McCall (August 2008)

28 year-old Michael Croome hit veteran ex-professional cyclist David McCall when rushing to catch a plane.

CTC's view: 

Yet again a case of ‘causing death by dangerous driving’ (in this case seemingly cut and dried) is being weakened to just ‘causing death by careless driving’. No doubt Croome will now receive a vastly reduced sentence – perhaps even none at all.

The move to create a ‘causing death by careless driving’ offence has coincided with a sharp reduction in the number of motorists convicted of killing on the roads from receiving custodial sentences.

Speeding driver jailed for death of grandfather (15/2/11)

A man who was driving at more than 50mph in a 30mph zone when he ploughed into another vehicle and killed a grandfather has been jailed for a year.

CTC's view: 

Is 20 mph over the 30 mph speed limit really just ‘careless’?

Surely such a gross breach of the speed limit must be considered to be ‘falling well below the standards of a careful and competent driver’?

Lorry driver avoids jail over Ashford cyclist death (16/08/10)

A lorry driver who knocked down and killed a middle-aged cyclist on a busy Ashford road has been spared a jail term.

CTC's view: 

Yet another case where the death of a cyclist occurs and the consequence is a suspended prison sentence, very short driving ban and £500 costs.

This is slightly different from others in that here the driver wouldn’t even plead guilty to causing death by careless driving. In many similar cases the charge is ‘causing death by dangerous driving’ (automatic jail term) but the prosecution settle for a guilty plea of ‘causing death by careless driving’.

Family want 'justice' for moped death victim (01/2010)

The heartbroken family of a teenage girl killed on her moped are calling for an inquest into her death, in order to obtain “justice”.

CTC's view: 

Jonathan Richards, divisional Crown prosecutor for Cornwall, said: “There was insufficient evidence to prove Zoe Couch was guilty of causing death by dangerous driving, but that there was sufficient evidence for there to be a realistic prospect of her conviction for causing death by careless driving.”

- If that is the case, why did the CPS originally charge her with causing death by dangerous driving? It seems that yet again the difference between causing death by careless and causing death by dangerous driving has been blurred.

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