Justice?? You are having a laugh!!!

Benson - I am sure I have told you this before - but there was a very similar accident in our village a few years ago. An elderly man drove straight into the back of a woman riding and leading a horse. Both horses ended up being shot and the rider was paralized for about 2 yrs until her nerves started to regenerate and she is now mobile without a wheelchair or sticks (she has two young children :( )

Because the driver was so elderly he was given a life time ban although I am pretty sure he didn't pay any compensation (although he could afford it)

His excuse was that the sun was in his eyes but he hit them right opposite the village shop which is a very narrow, one lane track in the village. If he had been going at the speed which was sensible for the road conditions he would have been able to stop in time. The rider was thrown back off her horse and crashed through his windscreen :(

Personally, in my opinion, it might be best for you to accept the judgement (hard as it is) and move on now. What is done is done, you have the wonderful Dylan to concentrate on and I can't see any benefit in dwelling on what happened. Be strong Benson21 - you know that you were in the right, take comfort in that and I wish you the very best for the future.

I know that there are further options for you to sue or take him to court but is it really worth the stress of dragging that horrendous experience out?

I really, really feel for you but don't let this idiot take over your lifeb Hun xxx
 
Ditto what everyone else has said. So so sorry - the injustice is very very hard to swallow after everything you, your friends and your horses have been through. I just hope the man's conscience makes him suffer.
 
Ravenwood said:
Benson -

Personally, in my opinion, it might be best for you to accept the judgement (hard as it is) and move on now. What is done is done, you have the wonderful Dylan to concentrate on and I can't see any benefit in dwelling on what happened. Be strong Benson21 - you know that you were in the right, take comfort in that and I wish you the very best for the future.

I know that there are further options for you to sue or take him to court but is it really worth the stress of dragging that horrendous experience out?

I really, really feel for you but don't let this idiot take over your lifeb Hun xxx
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I have to agree with this ^^^^^^^

For the sake of your own health it is probably time to try to put this dreadful time behind you and try to move on.

I can fully understand how angry, frustrated and disappointed you were in court though. As others have said (and CPTrayes explained very well) this sentence will have long-lasting effects on the driver's lifestyle.

Best wishes. for a super future with Donovan.
 
Pearlsasinger said:
I have to agree with this ^^^^^^^

For the sake of your own health it is probably time to try to put this dreadful time behind you and try to move on.

I can fully understand how angry, frustrated and disappointed you were in court though. As others have said (and CPTrayes explained very well) this sentence will have long-lasting effects on the driver's lifestyle.

Best wishes. for a super future with Donovan.
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Benson,

I am so sorry I think we were all hoping for a "YES"! moment for you so that you could find the closure you so badly need.

As CPTrayes has said this sentence will have a far more long lasting effect on this man rather than 4 months in an open prison which would in all probability have been reduced to 2. I can totally understand your anger though and I would look into persuing this in the civil courts. Take good advice from a solicitor you trust as to the time this may take and then make your decision based on if you genuinely think you can cope with the stress of another court case.

If you can not no shame, you have pursued this and lived it for over a year now, you know you are in the the right. Put it behind you (as much as you will ever be able to) and enjoy Donovan don't let his poor excuse for a human being ruin the remainder of your life.

Strength in all this.

Chav xx
 
I just want to second every word cptrayes has said. A good explanation. I'm glad to hear that you are also making a civil claim.

To everyone else, you have to remember that our justice system punishes the act not the outcome. If it could not be proven that the guy did this deliberately he will be treated like anyone else who has a serious road accident and be punnished for careless driving or whatever, most people would agree that careless driving that resulted say only in damage to a wall or lamp post should not attract a prison sentence and it will be seen as pure bad luck that he hit a living being not an inanimate object and his punishment will reflect what was in his mind at the time (driving too fast or not watching the road rather than deliberately running down two horses).

Not sure I have explained that very well.......

Hope you can move on now the criminal case is over.
 
I suspect you wanted them to throw the book at him and you are angry at the moment because you feel that he has got off so lightly in comparison to what you have had to endure and your loss of Benson.

Try not to let the anger take over, yes be angry for a while but not for the rest of your life...you will miss out on so much if you allow it to. Find a punch bag stick a picture of his face on it and let rip...maybe not as good as the real thing but it will help you to get your emotions out.

As others have said the court will have given him the punishment they can but what is not so obvious is that he will have this with him for the rest of his life. He will have to declare it when trying to get car insurance in the future and that is going to cost him big bucks, not just as a once off but every single year.

He will have problems getting jobs as he will have to declare a criminal record, he will have trouble trying to get into other countrys even for holidays as he will have a criminal record and those are just the ones I can think of.

Big hugs for you I can only imagine what you have been through and try for your own sake to bring yourself some closure
 
Let's hope he fails his extended test a good few times when the 3 years are up - I doubt those things come cheap.:mad:
 
I don't know if the "civil claim" you are referring to is the Insurance claim? Don't forget that his insurance company will have to pay out on damages and personal injury. A friend of mine was involved in an accident and the Insurers thrashed it out, eventually settling for three times the original paltry offer. Unfortunately it took five years, and until it was sorted he couldn't truly move on. There were times he wondered if it was all worth it. His insurers appointed solicitors who dealt with it all, and just kept him updated on when he needed to have med exams etc. No amount of money will really make it better, but it will help. (in my friends case there was no police action at all, even thogh witnesses fully put the blame at the other drivers door.)
 
So sorry for you and really have nothing more to add than those coments already posted. Karma is a wonderful thing and I am sure in some way he will have his comeuppance, though I doubt you will ever find out about it.

Let things settle in your mind and then decide what to do. A very small note of caution - if you do decide to go down the compensation route with a no win no fee solicitor please be aware that you will get nowhere what you deserve, and that it could take over another two or three years of your life and in the end you will settle just to be rid of it. (experience talking here).

A sad end to a tragic beginning.
 
Thank you to all of your supportive words, I am struggling really hard to get my head round it all. I feel the justice system has let us down, but I guess I will just have to live with it. After a night of not really sleeping, I dont really feel any clearer with it all. All I know is that ******* killed 2 horses and disabled me, and he is still living just a cross the road from me. Just doesnt seem fair.
 
benson21 said:
Thank you to all of your supportive words, I am struggling really hard to get my head round it all. I feel the justice system has let us down, but I guess I will just have to live with it. After a night of not really sleeping, I dont really feel any clearer with it all. All I know is that ******* killed 2 horses and disabled me, and he is still living just a cross the road from me. Just doesnt seem fair.
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Sorry to read the result
It really seems like horses lives and your injury count for nothing

Think about sitting down and presenting facts to your MP
The recent publicity showing that injured parties in court cases get a poor deal seems to be a topic for discussion just now
This wont help you but may help others in the future
Cyber hugsxx
 
So sorry to hear this. It seems such a feeble sentence. I too hope karma comes back to bite him on the bum.

I hope you manage to get your head around things and continue to enjoy your time with Donovan.
 
Oh hun that is just ***** news, agree with TicTac that the law seems to favour the criminals these days. I also think you should thrash it out for compensation, at least it would be something towards medical bills etc.
Also if he really only lives across the road from you would it be worth getting a restraining order?
 
Thing is with a restraining order, he has never meant to cause me any harm. He has never threatened me or intimidated me, in the end, it was just an accident. We have been thinking about moving for a while, and the house is now on the market.
 
I am utterly disgusted by this.
I sincerely hope you can manage to move on from this, i am a firm believer in Karma, and heres hoping she's wearing her bitch head when what goes around, comes around
 
benson there are no other words that have been said and none i can offer to help other than my heart and thoughts are with you tonight - to the driver im sorry my thoughts can not be on here but to you - whilst now you will not be thinking from this angle but maybe ok only maybe you can bring something positive talk show what happens I dont know hun i really dont but you have so much emotion - and understandable - from something so so so awful can you find a path to maybe educate and advise - hun you really are in my thoughts - and justice system ???? it stinks!! in my thoughts xxxx
 
Ravenwood said:
Benson - I am sure I have told you this before - but there was a very similar accident in our village a few years ago. An elderly man drove straight into the back of a woman riding and leading a horse. Both horses ended up being shot and the rider was paralized for about 2 yrs until her nerves started to regenerate and she is now mobile without a wheelchair or sticks (she has two young children :( )

Because the driver was so elderly he was given a life time ban although I am pretty sure he didn't pay any compensation (although he could afford it)

His excuse was that the sun was in his eyes but he hit them right opposite the village shop which is a very narrow, one lane track in the village. If he had been going at the speed which was sensible for the road conditions he would have been able to stop in time. The rider was thrown back off her horse and crashed through his windscreen :(

Personally, in my opinion, it might be best for you to accept the judgement (hard as it is) and move on now. What is done is done, you have the wonderful Dylan to concentrate on and I can't see any benefit in dwelling on what happened. Be strong Benson21 - you know that you were in the right, take comfort in that and I wish you the very best for the future.

I know that there are further options for you to sue or take him to court but is it really worth the stress of dragging that horrendous experience out?

I really, really feel for you but don't let this idiot take over your lifeb Hun xxx
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Ravenwood I wish I could have composed such an eloquent answer.I am heartbroken for Benson,but can not put it into words. Benson ,you must put this behind you and move forwards . Treat this with the dignity your boy deserved.
 
Thought I would just give an update! 6 weeks on from the court case! I wrote to the CPS commenting on the sentence and they have basically said nothing can be done to change it. The way I look at it now is, if he had gone to prison he would of been half way through his sentence by now. As it is he still has 10 months of having to behave himself or he will be banged up. Our house is now sold and we are moving to a lovely village very close to Donovan.
I was driving yesterday when I saw him for the first time since the court case. he wa standing on a traffic island and i so desperately wanted to do something! But that would make me no better than him, and in the end, life goes on.
 
http://www.shponline.co.uk/incourt-...n-suspended-prison-sentence-for-gas-explosion

As a registered Gas installer who has to jump through hoops and spend a fotune on being legal, it's not just the sentencing on your case which infuriates me, until we get rid of senile dementia ridden octegenarian judges, and stop politicians from dictating sentenceing to coincide with prison space, this sort of thing will just keep happening.

The whineing by certain politicians about knee jerk sentencing being too harsh for looters etc, have got it wrong, they are just comparing it too stupid lenient sentencing we have got used to. :mad:
 
Pedantic said:
As a registered Gas installer who has to jump through hoops and spend a fotune on being legal, it's not just the sentencing on your case which infuriates me, until we get rid of senile dementia ridden octegenarian judges, and stop politicians from dictating sentenceing to coincide with prison space, this sort of thing will just keep happening.
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Same here, in my own field. This country is so strict on so many things, and then ridiculously lenient on the things that matter. IMHO its just not acceptable in a civilised country. They should consider changing the law to strict liability relating to accidents involving motor vehicles - where the driver is automatically deemed to be at fault unless the contrary is proven, as in Denmark and the Netherlands. And obviously sentencing should be reformed. Unfortunatley there is so much given from public funds for resources to assist the wrongdoer...

I doubt it is any comfort Benson, but at least he was charged. My OH recently witnessed a cyclist being knocked down and thrown across the windscreen of a speeding van - the police refused to charge the driver as he had not been speeding and was not drunk. Presumably they knew they'd no chance of getting a conviction. I'd see a solicitor and absolutely hammer him for civil damages, including your upset and distress.
 
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It does seem absolutely crazy when you read in the paper a looter in the riots took a £3.50 bottle of water from lidls and gets a 6 month custodial, another took an ice cream, had 2 licks of it and threw it away, he got 16 months inside! Then a young lad in my area has taken part in 41 crimes, I think he is 18, and he gets community service! It seems the smaller the crime, the bigger the sentence!
 
ditto, civil claim and take him for all he has.

Then take the cash, give some of it to help a decent charity who take in horses, in memory of Benson, and move on with the adorable Donovan.

i am soo desperatly sorry about the criminal outcome and soo angry despite not having ever met you but agree that you need to move on. Once you have taken him to cleaners.
 
I am livid - I want to see this bloke bankrupt!:mad::mad:

I don't see how you can do this much damage and not have to pay :mad: For Benson not to be awarded for the cost of the horses and the personal injury is ridiculous - I want this chap strung up against the wall

Insurance won't pay up (because I believe he was pissed), in which case he should be taken for every penny he has

I know it won't bring back the horses or repair the mental damage, but just to get community service and pay nothing is a joke.
 
I have just read my original post, and seen I may have worded it wrongly. The courts could not impose a fine on him, as he has a low income. And the judge said the compensation amount would be too much for a court to deal with.
On another point made by Jen-Cots, he most certainly was not drunk, I am not sure where that has come from!
 
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