10 months? should've been 10 years

[strop]

A MOTORCYCLIST was left lying 80 metres from his bike after a head-on smash with a sports car driving on the wrong side of the road.
Gareth Jenkins, 23, suffered multiple injuries after being struck by Michael Parslow’s Toyota MR2 as the sports car overtook three cars.
Parslow, 39, was jailed for 10 months at Oxford Crown Court on Monday after admitting dangerous driving.
Cathy Olliver, prosecuting, said the defendant, of Bernwood Road, Bicester, was driving on the A4095 between Kirtlington and Bicester when the crash happened near the B430 at 5.20pm on November 23.
Miss Olliver said Mr Jenkins saw three cars on the opposite carriageway before Parslow’s red MR2 started overtaking them.
Miss Olliver added: “By the time he realised it was going to hit him, he remembers braking and trying to raise himself high up on the bike. He remembers a crash and woke up on the ground.
“He said he was scared he was going to die.”
The rugby-playing rider broke vertebrae in his neck and back. Other injuries included a ruptured kidney, broken wrists and a fractured shoulder.
Judge Patrick Eccles said Mr Jenkins had “happily made a very substantial recovery” but could not now play contact sport.
Witnesses in the overtaken cars said they were travelling at between 45 and 50mph on the 60mph-limit road when Parslow came past.
Miss Olliver said one of the drivers recalled Parslow coming up fast behind her, adding: “He began to flash his lights and drove very close to the back of her car. At this point she could clearly see the motorcycle coming in the other direction.”
Mr Jenkins’ was found 78 metres from his bike, the wreckage of which was spread over 100m.
Parslow’s pre-sentence report recorded a “history of drug offending” between 1994 and 2003, including nine previous convictions for 14 offences. He was given an absolute discharge for driving while disqualified in 2002.
He was jailed for 10 months and banned from driving for three years. He must also take an extended driving test

[Reeder]

Wow. 10 months?! What a load of bull****.

[Milky Bar Kid]

Wow. Considering his previous....wow.

[Owenski]

Wow. Considering his previous....wow.

+1
I could *understand* it if the bloke was a solictor himself living a respecatble life, but the guys sounds (or is portrayed) as scum so any oportunity to lock him up would be a good one.

What would be the max sentance this sort of thing could carry?
I dont know if 10months means he got the book or a let off.


Oh and as a very keen sports person, "a substantial recovery, but unable to play contact sport" is not a recovery at all. Im not far off retiering from competative football now, but to have it taken away from me is one of the things I fear the most. Poor guy was only 23, I played my best football around that age - gutted for him.

[Biker Biggles]

Cant really comment on this specific case,but it seems ludicrous that if the biker had died he would have gone down for six years.Why is it that exactly the same bit of **** driving gets a totally different punishment according to a chance outcome?

[Jimmy2Feet]

Shocking!! ok i understand to a point if he had not past convictions, and the same outcome, but being that he has previous, and the nature of the driving, 10 mths is rediculous!!!

[Milky Bar Kid]

Maximum sentence available for S2 of the Road Traffic Act 1988 is 2 years imprisonment.

[Owenski]

in that case he should have gotten 2 years, simple.

[Luckypants]

It does seem quite light, but as he admitted the offence he gets an automatic 50% discount on his sentence IIRC, so he would have got 20 months had he contested the case and been found guilty. Seems to me he pleaded guilty as it was a clear cut case.

Still even 20 months seems light for something that could have killed the poor biker he hit. But these are the cases where sentencing seems out of kilter with the seriousness of the offence. With previous offences resulting in being disqualified and driving while disqualified, he maybe needed a harsher lesson in following the rules of the road.


EDIT: Seen MBK's post that max for the offence is 2 years prison. Given that he pleaded guilty then 12 months is the maximum he could have been given, so 10 months is a 'heavy' punishment for the offence, under current sentencing rules.

[Jimmy2Feet]

if he has if killed the biker, i assume he would be up for death by dangerous driving? what is the max sentance for that?

[Milky Bar Kid]

Google is your friend.

[Luckypants]

if he has if killed the biker, i assume he would be up for death by dangerous driving? what is the max sentance for that?But he has not killed him, so not really relevant.

[davepreston]

if he has if killed the biker, i assume he would be up for death by dangerous driving? what is the max sentance for that?
10 years

[Milky Bar Kid]

10 years

Pretty sure it's more than that, think it's closer to 14.

[Biker Biggles]

But he has not killed him, so not really relevant.

My point is that it should the act of putting someone's life at risk by clearcut dangerous driving that carries the punishment,not a very lucky escape from death for the victim.

[thulfi]

You think that is bad?

http://www.telegraph.co.uk/news/uknews/1583603/Black-box-recorder-convicts-rich-list-driver.html

This guy was overtaking at 70mph in a 30zone (a 30zone!!) and hit another car head on leaving a little baby (who was correctly strapped in) paralysed for life. She needs a ventilator to breath and can't move - forever! He got 21months in prison if I'm not mistaken.

Where the heck is the justice in that? Even 10years wouldve been too minor, let alone 21months!! Serious review of the law is needed when it comes to the sentences dished out for these scumbags.

[thefallenangel]

It's cases like these that need to be referred onto some sort of independant panel which need bigger punishment.

[andrewsmith]

Death by dangerous is Max 14 years.

That is disgusting 10 months for almost killing an innocent road user.

[Quedos]

I know that road well!! - i hate it because of idiots like that!
I can only hope that the car was a right mess and he gets sued to within an inch of his life through every means possible!

[Reeder]

FAO the police officers.

If you were to crash and kill your passenger whilst doing a dodgy overtake, how long would it be before you got prosecuted?

[Luckypants]

My point is that it should the act of putting someone's life at risk by clearcut dangerous driving that carries the punishment,not a very lucky escape from death for the victim.

Fair point and one which I agree with.

My point is that due to the crim in the OP not killing anyone, they can only be charged with dangerous driving. For that offence and for pleading guilty he got a heavy punishment. If the law allowed for your point then yes it would be a light sentence. I was just trying to highlight that the judge couldn't really give any more.

[ant-g]

If he had been killed and the driver had been prosecuted for 'Causing Death by Dengerous Driving' under S.1 of the Road Traffic 1988; he could face a MAXIMUM of 14 years imprisonment.

I would say he would recieve a substantial prison sentence as, looking at the sentencing guidelines, he falls in 'Level 1' which states; 'The most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others', the starting point for this is 8 years custody and the sentencing range is 7-14 years custody.

Obviously there are other aggrvating factors such as his previous convictions.

[Bluepete]

FAO the police officers.

If you were to crash and kill your passenger whilst doing a dodgy overtake, how long would it be before you got prosecuted?


Why ask?

Pete ;)

[martin15s]

Why ask?

Pete ;)

usual de-rail - no comment

[Reeder]

Why ask?

Pete ;)

Personal situation I'm interested in. If you care to answer you can PM me.

[Reeder]

usual de-rail - no comment

Excuse me?