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No jail for PH driver
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Author:  captain cab [ Mon Feb 06, 2012 11:24 am ]
Post subject:  No jail for PH driver
No jail for taxi driver who caused death of woman outside Coventry wedding reception


A TAXI driver has been spared jail for causing the death of a woman in a crash after a wedding reception near Coventry.

Louise Jane Acton, aged 31, had just left a party at Coombe Abbey Hotel last summer when she was hit by a private hire car.

She died instantly after being struck by a Vauxhall Zafira while walking along Brinklow Road, near the entrance to the hotel and park.

Ms Acton, of Middlewich, Cheshire, suffered head and chest injuries at about 1.30am on Sunday August 7.

At Leamington Magistrates Court, Krzysztof Karnafel, aged 35, of Montvale Gardens, Leicester, pleaded guilty to causing death while driving without insurance.

He was handed a community order for one year with 40 hours of unpaid work, disqualified from driving for a year, and ordered to pay costs of £100.

Malcolm Stoddart, prosecuting, told the court how Ms Acton had been at the wedding party and walked out after having an argument with her partner.

She came out of the main drive of Coombe Abbey and was walking along the grass verges of Brinklow Road towards Coventry.

Karnafel, who failed to renew his taxi licence and insurance, had just picked up four people from the same wedding reception for a pre-arranged booking to take them back to Leicester. The court also heard how Ms Acton’s mum was driving to Coombe Abbey to pick her up and had passed her without knowing it was her daughter.

Mr Stoddart said: “The witnesses in the private hire vehicle were aware of Louise and had contact with her during the evening. They were aware she had been drinking and had become argumentative.

“One witness said the defendant was driving at 50mph.

‘‘In his statement he says: ‘Just out of nowhere a girl appeared in the middle of the road – maybe a metre away from the central markings. I don’t think he had enough time to brake.’

“Another taxi driver was driving in the opposite direction and saw her silhouette in the head lights of an oncoming vehicle which was the defendant’s car.

“It would appear the defendant failed to renew his licence when it expired in June and at the time of this fatal collision he was driving uninsured.”

Mark Parry, defending, said: “He accepts he caused the death, sadly, of this lady.

‘‘The circumstances are quite tragic.

“At the time of the collision Ms Acton was already in the road at the time of the collision.

‘‘One witness who was a passenger in Karnafel’s taxi says: ‘We turned right onto the main road. We were only travelling for two minutes and the next thing I know the windscreen was smashed and we came to a stop’.”


Read More http://www.coventrytelegraph.net/news/c ... z1lb0QeBYh
Author:  Doom [ Mon Feb 06, 2012 4:56 pm ]
Post subject:  Re: No jail for PH driver
Hmmm.

Facts aren't here as to who is to blame.

Was it her doing the road dance look at me thing or was it him checking the tom tom, sentence says he wasn't doing anything wrong and it was simply an accident, if that isn't the case though then the British justice system fails us once again in the name of not wanting to offend anyone however bad they've been.

Tot up the other facts that may have caused this also though

Drink

Tired driver

Bad driver

Distracting passengers

OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOP's I nearly let him off didn't I, NO F'N INSURANCE!!!! FFS!!!

So he gets to live, and she got to die, and all because rules only apply to us Brtis!
Author:  captain cab [ Mon Feb 06, 2012 8:30 pm ]
Post subject:  Re: No jail for PH driver
Of course he wasn't licensed and shouldnt have been working......if he wasnt working the girl may still be alive.

CC
Author:  gusmac [ Mon Feb 06, 2012 8:47 pm ]
Post subject:  Re: No jail for PH driver
captain cab wrote:
Of course he wasn't licensed and shouldnt have been working......if he wasnt working the girl may still be alive.

CC


If he'd paid his plate and insurance, would she be any less dead?
Author:  captain cab [ Mon Feb 06, 2012 8:53 pm ]
Post subject:  Re: No jail for PH driver
gusmac wrote:
captain cab wrote:
Of course he wasn't licensed and shouldnt have been working......if he wasnt working the girl may still be alive.

CC


If he'd paid his plate and insurance, would she be any less dead?


No, she'd still be dead......but he didnt and shouldnt have been working......I wonder if he was working for a PH operator?

CC
Author:  Sussex [ Mon Feb 06, 2012 9:11 pm ]
Post subject:  Re: No jail for PH driver
Doom wrote:
Facts aren't here as to who is to blame.

Indirectly they are.

If the driver was legally to blame he would have been charged with causing death by careless or dangerous driving.

The fact that he wasn't, especially in light of four independent witnesses being in the motor at the time, is really the only fact that matters in respect of blame.
Author:  Doom [ Mon Feb 06, 2012 10:33 pm ]
Post subject:  Re: No jail for PH driver
gusmac wrote:
captain cab wrote:
Of course he wasn't licensed and shouldnt have been working......if he wasnt working the girl may still be alive.

CC


If he'd paid his plate and insurance, would she be any less dead?



Yes, she'd be alive, because his path would've been different to the one he ended up going down, a simple thing like having to use the loo can affect what happens next.

@ Sussex, I take your point, BUT! in the UK to drive a motor vehicle you must insure the said vehicle, failing to do so mean's you have shown disregard to the laws of the land, you can infact drive on two wheels around a corner at 60mph and if the car you collide with has any discrepencies regarding it's status as a fully legal vehicle and legal driver you will win any claim regardless, the reason is this, if you have no tax on the screen you should not be on the road, that very fact means if you weren't on the road there would've been no collision, it's a shame they don't work to this 100% correct method when you find someone breaking in your house, i.e don't be in a property you have no right to be in and you won't end up in hospital or the morgue.

Fact is because he drove when he shouldn't this girl is dead, he's ruined a family and the old bull has once again allowed him a benefit me and you wouldn't be afforded by the justice system, you know I'm telling it as it is and anyone who feels I'm being unfair wait until it's someone you love in a body bag just because someone else didn't play ball, a rule is a rule, they should not be flexable or lenient just because someone has an ethnic background, if you wanna eat at our table use the knife and fork, fingers are not allowed.
Author:  Dusty Bin [ Tue Feb 07, 2012 5:22 am ]
Post subject:  Re: No jail for PH driver
"Causing death while driving without insurance"?

What a stupid charge.

If he 'caused' her death he should have been done for careless or dangerous driving.

If he didn't in fact cause her death he should have been done for driving without insurance.
Author:  grandad [ Tue Feb 07, 2012 6:17 am ]
Post subject:  Re: No jail for PH driver
I have driven the road from Coventry to Coombe abbey. It is a very dark area with no street lights and no footpaths. If the woman was wearing dark clothing, well I can see how this tragic accident could happen. I would bet that if the driver had renewed his badge and insurance, he would not have been charged with anything.
Author:  Nidge2 [ Tue Feb 07, 2012 7:07 am ]
Post subject:  Re: No jail for PH driver
grandad wrote:
I have driven the road from Coventry to Coombe abbey. It is a very dark area with no street lights and no footpaths. If the woman was wearing dark clothing, well I can see how this tragic accident could happen. I would bet that if the driver had renewed his badge and insurance, he would not have been charged with anything.



I agree.
Author:  Nidge2 [ Tue Feb 07, 2012 7:26 am ]
Post subject:  Re: No jail for PH driver
grandad wrote:
I have driven the road from Coventry to Coombe abbey. It is a very dark area with no street lights and no footpaths. If the woman was wearing dark clothing, well I can see how this tragic accident could happen. I would bet that if the driver had renewed his badge and insurance, he would not have been charged with anything.



I agree.
Author:  edders23 [ Tue Feb 07, 2012 7:55 am ]
Post subject:  Re: No jail for PH driver
I have driven that road a few times (and been to coombe abbey) it is basically a country road so if she was in the middle of the road and wearing dark clothing she might have been hard to spot in time. I think Dusty is right though he should have been charged and tried for the two seperate offences and would probably have been acquited of careless driving but guilty of no insurance
Author:  gusmac [ Tue Feb 07, 2012 2:32 pm ]
Post subject:  Re: No jail for PH driver
If he wasn't charged with causing her death, then the police or CPS obviously thought there was no case to answer.
Author:  Dusty Bin [ Tue Feb 07, 2012 10:46 pm ]
Post subject:  Re: No jail for PH driver
gusmac wrote:
If he wasn't charged with causing her death, then the police or CPS obviously thought there was no case to answer.



Dusty Bin wrote:
"Causing death while driving without insurance"?

What a stupid charge.

If he 'caused' her death he should have been done for careless or dangerous driving.

If he didn't in fact cause her death he should have been done for driving without insurance.
Author:  grandad [ Wed Feb 08, 2012 7:31 am ]
Post subject:  Re: No jail for PH driver
The text is probably just poor reporting......................again!
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