R1150GS Rider Killed on B961 at Monikie on Tuesday Evening

Do you punish the crime, the consequences or both?

For example. The wife and I were punted in to the back of a van and my dominant wrist was broken in to 8 pieces. The compensation does in no way reflect the changes in my life - however the bloke that hit us did not set out that day to cause me harm. Equally, on some occasions during the a million or so miles of motoring I have covered, I have been close to an incident, due to a lapse in observation. I suspect this is the same for the many on here.

It is tragic that Jon died. I'm fairly sure that the driver who killed Jon has relived that moment many times since, with horror.

What purpose would locking her up for 5 years or so serve - she has to live with the death of an innocent man through her actions. Had she acted differently, he'd still be alive.

Giving her a harsher sentence would not change a thing, in my opinion.
 
"Giving her a harsher sentence would not change a thing, in my opinion."

You could say the same for any criminal offence. The judge has guidelines laid down by parliament and "deterrence" will be a factor in those guidelines. In other words, while no one sets out on a journey with the intention of injuring others, they must be made aware that there are consequences if they do so. "I never meant it ..." Is not an allowable plea in court.

Sent from my moto e30 using Tapatalk
 
Obviously I can't comment on the other side of death - I have been seriously injured over 20 years ago. Country road, right hand curve, car coming towards me out of control, on the verge on my side. Instinctively see the possibility of getting by to her right but the car hopped off the ditch & back out - BIG BANG. Luckily I'm flung over car, a long way down road. Lots of injuries. Intensive care for a few days saw me recovered after a few months but some long term compromise in right (dominant) wrist.
The lady broke 2 ribs, she visited me in hospital. She owned up to loosing control but had no recollection of what the root cause was. She said her man was a motorcyclist. Her insurance company paid up for me & my beautiful R80G/S PD (wrecked beyond redemption). The law charged her with dangerous driving, I was asked to attend as a witness. Sat beside her in court. Asked her her expectation. "Hope to have it beat down to careless" says she; "how are you on that?" she asks. I was not called to testify & it was best down to careless & some financial penalty that escapes my recollection. I was OK with that - however if I were dead my wife might not approve - or there again she might!
My perspective was shaped to some degree by my honest opinion that there were occasions in the past where my carelessness did not cascade as hers did. Having no sin & casting the first stone likely sums it up.
Purchased another R80G/S - not as tidy as my previous one - it shuddered to a stop about 10Km from home. While I attempted a diagnosis, a chap on a Honda VFR pulls up. We chat & I decide it was easier to trailer it home & diagnose in the shed. As he is heading my way & was willing to assist I suggest a pillion ride to my house would be an appreciated contribution.
Before climbing aboard he asks about the BM; I tell him it is new to me & that I had a real nice similar one wrecked. "Where? he asks. I tell him where, how & when. "That was my wife who hit you" says he. He left me home.
Of course if she killed me I'd not be telling this tale & am deeply conscious that this story is potentially flippant to Jon's loved ones. That is not my intent - condolences people.
Before leaving this narrative I was referred to a regional specialist centre for a fourth right wrist operation the week before Christmas. Listening to the best pan pipes Christmas album ever, play over & over & over lingers negatively in my memory to this day.
 
Mr Bean said:
Do you punish the crime, the consequences or both?

….. Had she acted differently, he'd still be alive.

Giving her a harsher sentence would not change a thing, in my opinion.
Click to expand...
A post about as welcome as a taxman’s letter? And as helpful as a hedgehog in a condom factory.

What if it had been her daughter who’d been knocked over by a motorcyclist?
Sorry to hear of your recorded accident.
 
I doubt for one minute that the female motorist, the teacher, left her home that evening intending to kill somebody. The police investigation and the Procurator Fiscal came to a conclusion that she should be prosecuted for careless driving, which she was. She's been found guilty and sentenced. As tragic as the accident is, it would appear that it was an accident. She's done something that ultimately wasn't the right thing to do and she and Jon have paid a price for that. I'm not trying to suggest for a minute that her anguish and regret and guilt which she will have to live with every day of her life is as high as the price that Jon and his wife have paid, but it's an accident. I would suggest that most people have done something at least once in their driving career that, if they were honest with themselves, fell below the normal standard of driving. And presumably, you/they got away with it, nothing happened, you didn't hit anybody or anything either by good luck or because there wasn't anybody nearby to hit.

This whole incident would be completely different if it was as a result of a driving incident whereby somebody was out driving like a nutter, being chased or just somebody that drives like sh1t all the time, or somebody's that's p1ssed in which case the charges would have been different and the offender would, rightly, be starting a lengthy custodial sentence now. But this appears to be Mrs Joe Decent who has made a mistake and will spend the rest of her life regretting it probably.

Its desperately sad and nobody comes out of this well.
 
Decompressing said:
Mrs Joe Decent who has made a mistake and will spend the rest of her life regretting it probably.
Click to expand...

The issue is not really about her or indeed the biker who was killed because of her poor driving. No sentence will bring him back or ease the pain of his family's loss. The issue is whether the decision of the Sheriff (albeit a difficult one) will serve the interests of justice and in particular whether it will act as a sufficient deterrent to encourage other drivers to take greater care when driving. *
Click to expand...
I think EVERY time a driver kills another road user or pedestrian, a prison sentence (which could be suspended or activated immediately) should be mandatory. The judge should then have to consider and itemise the reasons why such a sentence was not delivered.

The article quotes the Crown Office up here on sentencing policy...

A spokesperson for the Judicial Office for Scotland said: "When deciding upon a sentence, a judge will carefully consider the facts presented to the court both by the defence and by the prosecution, any relevant sentencing guidelines and a range of other matters relating to the detailed facts and circumstances of a particular case"

Which is fair enough but I think it's in the public interest that the Sheriff should make a public statement abouut the factors that led to their decision in every case.

*No idea how I managed to quote myself!!!
 
From what I can see she got the minimum sentance available which included just a 12 month ban. What I can't reconcile is that's exactly the same as if she'd not been in an accident, not killed anybody and blew just over the legal alcohol limit. To me the 2 are just not comparable but the sentance is just the same. I'd be asking for a review of her sentance if I was his widow.
 
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