Medical student's careless driving killed pensioner

[GrandOldTeam]

Medical student's careless driving killed pensioner - Liverpool Daily Post.co.uk

A MEDICAL student has admitted careless driving after a horror smash which killed a pensioner.
Olive Ralfs suffered multiple injuries and was pronounced dead at the scene after the head-on crash.
The 86-year-old’s body had to be cut from her Nissan Micra.
Third year university student Henry Stam was originally standing trial charged with causing death by dangerous driving.
Jurors were told Stam could have been going at up to 80mph when he veered into the opposite side of a Wirral road as he took a bend and collided with Miss Ralfs’s car.
But yesterday, on the second day of his trial, the 21-year-old pleaded guilty to careless driving.
This was accepted by prosecutor Henry Riding, who said the crown were unable to offer any scientific evidence proving Stam had been speeding.
Judge Graham Morrow QC yesterday banned Stam, of Parklands Drive, Heswall, from driving for 12 months, fined him £1,000 and ordered him to pay £75 costs.
He told Stam: “You will have to live with the consequences of your actions on that night for the rest of your life. I have no doubt that you will regret the consequences of your actions in the future.
“I also have no doubt you feel genuinely remorseful for the consequences of your actions.”
Judge Morrow added: “The level of the fine should not be seen in any way as a measure of Olive Ralfs’s life, which was cut short in such tragic circumstances.”
Miss Ralfs had been returning to her Hoylake home after visiting her sister in Heswall on December 2 last year when her vehicle was hit by Stam’s Skoda Fabia on Telegraph Road, Thurstaston.
Five men travelling in a car behind Miss Ralfs described Stam’s silver estate as “flying”, estimating he was going at about 80mph.
But the wet surface of the road meant investigators were unable to determine an exact speed.
Mr Riding said Stam was driving “too fast for his own abilities and skills”.
Stam apologised to other drivers at the scene, but later said he had no recollection of the crash and has now been diagnosed with amnesia.

Justice?

 

[Cal]

What do you expect mate?

 

[chicoazul]

He's done a stupid, stupid thing but it says it there that the Police cant prove the speed he was going so it would make a mockery of the justice system to prosecute him without that crucial information.

What a horrible situation for both families though.

 

[Whitebootman]

Justice, no chance. I expect the taxpayer will have to pay Stam's fine on way or another. I expect if he killed someone young, rich, and photogenic he may have been slapped on both wrists.

Justice. It's a joke in this country, a lottery. The punnishment would have been greater if Stam had mugged the lady.

 

[GrandOldTeam]

Justice, no chance. I expect the taxpayer will have to pay Stam's fine on way or another. I expect if he killed someone young, rich, and photogenic he may have been slapped on both wrists.

Justice. It's a joke in this country, a lottery. The punnishment would have been greater if Stam had mugged the lady.

Or he had not been a medical student?

Its an interesting one.

 

[chicoazul]

I think its the lack of evidence thing here mate, regardless of who did it. Naturally previous related convictions or the presence of alcohol would have made an impact but they couldnt get gauge his speed accurately.

 

[GrandOldTeam]

I think its the lack of evidence thing here mate, regardless of who did it. Naturally previous related convictions or the presence of alcohol would have made an impact but they couldnt get gauge his speed accurately.

I find that hard to believe really though. The exact speed of say, over 80mph maybe. But to completely rule out any idea as to what speed he was going? I could bore you all to death with how its worked out but to put it simply, if theirs a wreckage - there's an analysis.

Oh, there was also witnesses.

 

[chicoazul]

You'd have to look into it, those witnesses obviously were good enough for a prosecution. They may have seen the car "flying" a couple of minutes before which is not at the time of the collision.

Dont they work out speed by the marks left on the road? In this case they couldnt. I dont think the status of the accused was a factor here mate, just the lack of evidence. You'd know more about that than me but for whatever reason they couldnt find it.

 

[Nebbiolo]

Or he had not been a medical student?

Its an interesting one.

Ah, now that cannot be proved.

But I expect the system really does work in your favour if you're connected socially. In fact, life in general does.

Like Chico said, because it couldn't be proved how fast he was going, then caution had to be exercised. You can't rely on the testimony of others regarding speed unless witnesses can give a reason why they believe what they do (e.g. he was doing at least 80 mph your honour because he passed me, and I was doing 70 mph).

 

[GrandOldTeam]

Ah, now that cannot be proved.

But I expect the system really does work in your favour if you're connected socially. In fact, life in general does.

Like Chico said, because it couldn't be proved how fast he was going, then caution had to be exercised. You can't rely on the testimony of others regarding speed unless witnesses can give a reason why they believe what they do (e.g. he was doing at least 80 mph your honour because he passed me, and I was doing 70 mph).

Thing is though, he was found guilty of death by dangerous/careless/inconsiderate (call it what you like) driving.

He was driving over the speed limit. That was established, they just couldn't account (with the money spent mind) for the estimates of over 80mph.

By law, to not be imprisoned the court would have to conclude that it was a minor error of driving judgment - the sort of error that anyone could make. That is hugely controversial in itself as minor errors include talking to a passenger, messing with radio etc.... Anyone could claim as such. Speeding (over 10%) isn't a minor error.

 

[Whitebootman]

Or he had not been a medical student?

Its an interesting one.

Interesting and infuriating. To strike a balance in judgement so many factors outside the facts of the case such as wealth, class, prospects, age, and possible media/political attention will mean we always get inconsistancy in sentencing. It is this inconsistancy that values one life differently than another which makes justice a joke.

 

[GrandOldTeam]

Imagine it was, say... Steven Gerrard who had died as a result.

Say the person driving was an unemployed 18 year old

You honestly believe the speed the driver was going could not have been established?

Come off it lads.

 

[chicoazul]

I imagine the outcome would have been the same based on evidence.

You got your pitchfork in your hands there Mr G?

 

[Nebbiolo]

I'm unsure of the law. But as I read it, he was convicted of careless driving, which is a minor offence. If the prosecution couldn't make a more serious charge stick (the causing death by reckless driving charge), it's not surprising that he got off. Why did the prosecution accept the careless driving charge anyway? Was the prosecutor lazy, stupid or of the opinion that the charge was the best available given the lack of evidence?

 

[coyney]

My uncles sister in law was knocked down and killed on a zebra crossing in smithdown road,the drunken female driver did not stop but was traced and first tried to say it was stolen after being found out changed her plea to guilty BUT appealed against a ban as it would affect her work??she was fined and given a 12 month Ban nice to know what a woman's life is worth.she is now out and still drink driving justice?its a myth.