Pat Kenny - update and sentence

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Pat Kenny - update and sentence

Postby enigmatic » Wed Feb 08, 2012 5:17 pm

Some of you may know that a driver was arrested at the scene of Pat's death on 21st January 2011. He appeared in court (twice) later in the year charged with careless driving, to which he pleaded Not Guilty on both occasions. He was due to appear before a Jury last month, a year less two weeks after Pat's untimely death, but that has now been further postponed to the middle of February. Watch this space - though I fear the result will not be very encouraging for cyclists rights :(

Original thread refers viewtopic.php?f=7&t=46218
Last edited by enigmatic on Fri Mar 30, 2012 4:46 pm, edited 1 time in total.
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Re: Pat Kenny - update

Postby enigmatic » Thu Mar 01, 2012 7:23 pm

http://tinyurl.com/77blkr5

The court case concerning Pat's death finished today. It took four days and the driver stuck to his innocent plea (of careless driving) until the end. The jury went out for lunch at 1230 and returned within the hour to say guilty. Sentencing will take place on either the 29th or 30th March. A custodial sentence is not expected, more likely a driving ban along with a fine and costs. It seems such a trivial sentence, but at least there has been closure for Pat's family.
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Re: Pat Kenny - update

Postby jezer » Thu Mar 01, 2012 8:33 pm

So, another one gets away with it :evil:
Power to the pedals
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Re: Pat Kenny - update

Postby Ray » Thu Mar 01, 2012 8:35 pm

Thank you for updating us. I try not to dwell on these awful cases but, having met and ridden with Pat many times in Audax events, I was shocked and dismayed by his death.
Of course I don't know the specifics of this case, but it always seems to me that the SMIDSY defence, far from being offered as an admission of driver error (ie "I wasn't looking") carries the implication of blame on the part of the victim for, so to speak, 'appearing from nowhere'; as, for instance, a child running out between parked cars. If a driver claims not to have seen you, s/he is either lying, or almost certainly wasn't looking properly.
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Re: Pat Kenny - update

Postby Tonyf33 » Thu Mar 01, 2012 10:58 pm

'Not looking properly' can hardly be considered careless when you're driving a ton plus of metal at a speed clearly capable of snuffing out a human life in an instant.
there doesn't seem to be an individual with some weight or an organisation that will campaign to highlight how poorly cycylists are treated in respect to outcomes like this and many others.
A death is bandied around as just another par for the course 'accident' and a paltry slap on the wrist follows :twisted:
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Re: Pat Kenny - update

Postby MrCharly » Fri Mar 02, 2012 9:58 am

enigmatic wrote:http://tinyurl.com/77blkr5
The jury went out for lunch at 1230 and returned within the hour to say guilty.


This bit is wonderful.

Juries normally take ages to decide. Taking less than an hour? That's very clear indication that there was little dissent in the jury, that they thought it was obvious that the accident was the driver's fault.

That is such an important thing. I recently lost a parent to illness, and I know that it becomes extremely important to relatives to know why their loved on died.

For a jury and court to say simply and clearly "This person drove carelessly and killed your relative as a result of their carelessness" would bring a lot of peace. No court sentencing is going to bring Pat Kenny back to life, but at least the court can say why he died.
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Re: Pat Kenny - update

Postby iviehoff » Fri Mar 02, 2012 12:23 pm

MrCharly wrote:For a jury and court to say simply and clearly "This person drove carelessly and killed your relative as a result of their carelessness" would bring a lot of peace. ... but at least the court can say why he died.

I don't really think that is the court's job in the present system, rather it is the job of the coroner. However the case of road accidents seems to be a special case: I don't think coroners say much of interest, if anything at all, in the case road accidents leading to death. The operation of vehicles for private transport appears to give the operators a special privilege, namely that negligence in their operation will in general lead to much less serious charges than the charge of manslaughter that might arise from similar negligence in many other areas of life.
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Re: Pat Kenny - update

Postby pete75 » Sun Mar 04, 2012 11:53 pm

Ironically the man who killed him is some sort of aircraft safety chap http://www.expressandstar.com/news/2012 ... pat-kenny/
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Re: Pat Kenny - update

Postby gilesjuk » Mon Mar 05, 2012 11:43 am

Part of the problem is that cars are too refined and un-engaging these days. There are new cars appearing which provide even more media facilities, pairing with your phone and showing movies. The more like your living room the car becomes the more likely you are to doze off.

Sadly, anyone that tends to point this out is seen as a Luddite who is standing in the way of progress, much like anyone who thinks autonomous cars are a bad thing.
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Re: Pat Kenny - Sentence

Postby enigmatic » Fri Mar 30, 2012 4:45 pm

Andrew Mylrea was today sentenced to a 12 month's driving ban, 150 hours community service (to be done during ban), and ordered to pay £3500 court costs in full by 1st October.

Just hope someone, somewhere, is taking note of the inability of our Courts to adequately punish drivers who kill innocent cyclists. I'm sure Hazel doesn't think much of it. But no matter what you or I think about the sentence, nothing will bring Pat back.
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Re: Pat Kenny - update and sentence

Postby thirdcrank » Fri Mar 30, 2012 4:56 pm

I see that the defendant alleged that he may have been blinded by the sun. A new approach to this excuse. :roll:
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Re: Pat Kenny - Sentence

Postby Stradageek » Fri Mar 30, 2012 6:33 pm

enigmatic wrote:Andrew Mylrea was today sentenced to a 12 month's driving ban, 150 hours community service (to be done during ban), and ordered to pay £3500 court costs in full by 1st October.

Just hope someone, somewhere, is taking note of the inability of our Courts to adequately punish drivers who kill innocent cyclists. I'm sure Hazel doesn't think much of it. But no matter what you or I think about the sentence, nothing will bring Pat back.


Am I alone in thinking that the most appropriate sentence for vehicluar manslaughter would be something like a mandatory 10 year driving ban?

Apologies if I'm covering old ground and many many condolences to friends and family
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Re: Pat Kenny - update and sentence

Postby LowPlainsDrifter » Fri Mar 30, 2012 8:55 pm

The laws/sentencing in this country are a joke. Two silly lads got 4 years for posting "Lets have a riot" on Facebook.
Kill someone like this and you get near nothing.
zero population growth.
no to the rat race thanks.
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Re: Pat Kenny - update and sentence

Postby squeaker » Sat Mar 31, 2012 10:37 am

LowPlainsDrifter wrote:The laws/sentencing in this country are a joke. Two silly lads got 4 years for posting "Lets have a riot" on Facebook.
Kill someone like this and you get near nothing.
Ah, but one 'challenges' the system ('naughty'), the other was just a byproduct of society ('unlucky') :roll:

Another case of our society's twisted values :evil:
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Re: Pat Kenny - update and sentence

Postby downfader » Mon Apr 02, 2012 7:13 pm

Its a far cry from justice for Mr Kenny's family:
http://road.cc/content/news/56145-motor ... nity-order
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