On Thursday, September 14, 2023 at 5:37:59 PM UTC+1, swldx...@gmail..com wrote:
> 𝙰𝚗𝚍𝚢 𝙿𝚎𝚊𝚛𝚌𝚎␍␊👨🏻‍💻🌐
> @Cartroo
> ·
> Sep 13
> Van driver attempts to drive down a cycle lane and then, having realised the mistake, *blindly* reverses into an active lane of traffic, colliding with a cyclist in the process. Still some defend him. What does a driver have to do for everyone to agree they did something wrong?!
>
> INDEED.

A Co Tyrone driver who admitted causing the death of a pedestrian initially claimed the victim “ran out in front of him”, a pre-sentencing hearing has been told.

Ciaran Lee Wootton (26) from Main Street, Newtownstewart, also accepted causing the death of Elaine McGarrity by driving while uninsured and after taking a Toyota Hilux pick-up truck without the consent of the owner.

Mrs McGarrity (54) was walking along Brownlink Link, Irvinestown, at 9am on December 31, 2021, when she was struck by the vehicle.

Wootton was arrested at the scene and it further emerged he did not have permission to drive the vehicle.

The victim, a mother of two and grandmother of four, passed away having sustained severe injuries.

Emergency service personnel who arrived at the scene, remarked on the state of the windscreen of the pick-up truck.

Wootton later insisted he had cleaned it earlier then stated there was an area through which he could see out.

While he initially pleaded not guilty to all charges at Dungannon Crown Court earlier this year, it was stressed this was a holding position as he fully accepted causing Mrs McGarrity’s death, however defence lawyers requested some time to study CCTV footage.

He later admitted all matters.

The case was adjourned again to allow for the preparation of pre-sentence reports and a psychiatric assessment, as well as Victim Impact Statements by Ms McGarrity’s family.

On return to court today , prosecution counsel said Wootton had driven through a small town without a clear view through his windscreen and it was “out of sheer laziness” he had not cleaned it.

He had also claimed to have been driving at around 10mph and the victim “ran out in front of him” but forensic examination disproved both points.

The prosecution queried the content of a psychiatric report which stated Wootten shows “features of Post Traumatic Stress Disorder” but there is no formal diagnosis of this as yet.

There were also some differences provided by Wootton to the consultant psychiatrist around the established facts of the case.

Defence counsel stated: “On behalf of my client, I am specifically instructed to say he never meant this terrible accident to happen.

“He is genuinely sorry for what he has done. He accepts full responsibility for the consequences of his driving.”

It was conceded some accounts within Wootton’s police interviews were untrue, but the defence urged the court to treat this in the context of, “a man dealing with the consequences of what he had done”.

At court however, “He accepted his guilt at the earliest possible opportunity, removing the need for a trial and saving court time and expense..

“He caused this accident. It should not have happened. It was his fault. No blame whatsoever is attached to the victim.”

The defence pointed to the impact the incident has had on Wootton’s mental health which he is taking steps to address.

While accepting a custodial sentence is inevitable, the defence asked the court to take the aspect of rehabilitation into account and highlighted the impact the “considerable delay” in getting the case to court has had on Wootton.

Judge Brian Sherrard said he required some time to consider all material placed before him and adjourned sentencing until later this month.

https://www.belfasttelegraph.co.uk/news/courts/co-tyrone-driver-who-killed-pedestrian-claimed-victim-ran-out-in-front-of-his-car/a994478990.html

On 15/09/2023 04:11, swldx...@gmail.com wrote:
> On Thursday, September 14, 2023 at 5:37:59 PM UTC+1, swldx...@gmail.com wrote:
>> 𝙰𝚗𝚍𝚢 𝙿𝚎𝚊𝚛𝚌𝚎␍␊👨🏻‍💻🌐
>> @Cartroo
>> ·
>> Sep 13
>> Van driver attempts to drive down a cycle lane and then, having realised the mistake, *blindly* reverses into an active lane of traffic, colliding with a cyclist in the process. Still some defend him. What does a driver have to do for everyone to agree they did something wrong?!
>
> A banned driver has been convicted of causing the death of a five-year-old boy who fell under the wheels of his van.

TRANSLATION: A fully-unqualified chav-cyclist has been convicted of
causing the death of a five-year-old boy who fell under the wheels of
his van.
>
> Little Layton Darwood tragically died after falling under the trailer of a Ford Transit Tipper he had been clambering on in Willow Avenue, Fenham, Newcastle, on August 24, 2020. Darren Jacques was behind the wheel at the time, but the 40-year-old was previously banned from driving. Jacques from Hutton Hill, Penrith, Cumbria, had just started to drive away when Layton became trapped, ChronicleLive reported.
>
> Jacques stood trial at Newcastle Crown Court, charged with causing death by driving whilst disqualified. On Monday, a jury of 12 people found him guilty. On that day, Layton had been out with three other children. They had gone into a nearby shop to purchase sweets and picnic supplies, after the eldest in the group was given a bank card.
>
> Meanwhile, Jacques had parked his work van, towing a trailer with a small differ on the back, on a kerb outside the same shop, where he was buying alcohol. CCTV footage showed Jacques leaving the shop and jogging past Layton and other children on his way back to his vehicle.
>
> However, while Jacques' vehicle was stationary, Layton climbed onto the trailer and the vehicle. As Jacques began to drive off, Layton tragically fell and was run over by the trailer's wheels, resulting in fatal injuries. The court heard that Layton may have tripped due to his shoelaces getting caught before falling under the wheels.
>
> Sergeant Alan Keenleyside, a Forensic Collision Investigator for Northumbria Police, testified during the trial, stating his belief that Jacques was aware of the children's presence and should have exercised "greater care" when moving his vehicle.
>
> Upon the arrival of the police, Jacques initially provided false personal details, including his name, date of birth, and address. He later confessed his real identity, explaining that he had "panicked". Despite emergency efforts to save Layton, the young boy was pronounced dead in hospital later that day. A post-mortem examination confirmed that the force exerted by the trailer's wheels rolling over Layton accounted for his fatal injuries.
>
> Judge Adams told Jacques that sentencing would be deferred to a later date and ordered a pre-sentence report to be compiled. The judge told Jacques to expect an immediate custodial sentence, granting him bail until his subsequent court appearance.
>
> A provisional sentencing date was set for Monday, December 4.
>

> > Van driver attempts to drive down a cycle lane and then, having realised the mistake, *blindly* reverses into an active lane of traffic, colliding with a cyclist in the process. Still some defend him. What does a driver have to do for everyone to agree they did something wrong?!

A driver who was arrested in Costa Coffee for running over and killing a pedestrian in a car park has been found guilty of manslaughter and sentenced to 15 years in prison.

Luke Dann, 37, was on trial at Plymouth Crown Court for the murder of David Kelly, 42, on the night of March 21 this year.

The Devon businessman claimed he hit Mr Kelly in a panic as he was fleeing after being the victim of an 'attempted robbery' at the scene. He added that the death of the pedestrian was a 'complete accident'.

Dann can be seen in a video weeping as he was apprehended by a police officer and saying 'what are you doing to me?' as well as asking if he was 'a real police officer'.

Dann previously denied the charges of murder and manslaughter but was convicted by a jury and he will now serve two thirds of his sentence before being released on licence.

Emergency services were first called at around 8.45pm on March 21 to Leigham Manor Drive in Plymouth following reports of a collision involving a car and a pedestrian.

In a statement given to police, Dann had said he had turned his car around in Leigham Manor Drive and driven to the Costa Coffee shop on Marsh Mills Retail Park as he feared he was going to be 'ambushed' in his black Range Rover. He was later arrested on suspicion of murder.

The jury heard how Mr Kelly had been at the front of Dann's car and gone under as the heavy vehicle moved forwards at a speed no faster than 10mph.

At least one of the large wheels rolled over Mr Kelly's leg, torso and face, crushing his ribs and skull in the process and leaving him with 'unsurvivable' injuries.

Dann had consistently denied he murdered 42-year-old and on the first day of trial last week he pleaded not guilty to the alternative charge of manslaughter.

A third charge - causing death by dangerous driving - was also set to be considered but was effectively left as the jury returned its verdict on the more serious charge.

Summing up the case, Judge Peter Johnson told the jury it was a 'dark night, a foul night in many ways' adding that there was next to no lighting in Leigham Manor Drive.

During the sentencing on Wednesday morning, Ria Park, Senior Crown Prosecutor for the CPS South West, said: 'Luke Dann's aggressive and reckless behaviour cost David Kelly his life.

'Dann refused to take responsibility for his actions. However, following a thorough investigation, the CPS was able to build and present a strong case to the jury who agreed that the defendant hit Mr Kelly with his car, resulting in his tragic death.

'Nothing can bring Mr Kelly back to his loved ones, but I hope this conviction goes some way to comfort them at this difficult time. All drivers have a duty to act responsibly whilst behind the wheel of a vehicle; this case shows the devastating consequences of not doing so.'

John Ryder KC raised the issue of self defence, arguing that one witness clearly stated the aggressive manner of Mr Kelly who 'launched a violent attack' on not just the car but upon Dann himself, as shown by the injury he suffered.

He suggested it was undoubtedly a 'very violent attack' and accordingly Dann's response that it was 'notionally' or 'analogously' self defence 'cannot be discounted'.

Judge Johnson said he was also considering a 'discretionary disqualification' from driving 'for 10 years'.

After hearing the evidence the jury retired and returned a guilty verdict for the offence of manslaughter on 12 September. They found him not guilty of murder.

In sentencing, Judge Peter Johnson said: 'I reject the suggestion that there was any element of self-defence in your actions. You deliberately drove towards him [David Kelly] using your car as a weapon.'

He said that Dann had 'shamefully called 999' after the incident 'not for Mr Kelly but to prepare your defence', adding, 'I cannot believe you didn't tell the operator you had driven over someone'.

He sentenced Dann to 15 years in prison and imposed a discretionary driving ban.

DI Rosson continued: 'We welcome the verdict reached by the jury after hearing the evidence in the trial and deliberating on their decision.

'This has been a complex investigation and I thank and commend all those involved within the Police investigation team, those who provided evidence and expertise to the case and the prosecution team.

'I hope the outcome reached and sentence given will bring some closure to David's family and friends.'