Is this Justice???: Found out today that the Drunk... - Headway

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Is this Justice???

pollyanne profile image
22 Replies

Found out today that the Drunk driver who nearly killed my husband and changed his life forever has been released from prison after serving 8 months of an month sentence, which was the max the judge could give (he had a previous dangerous driving conviction)

and the judge actually commented he was bound by parliament as two years was the max he could give but as he had admitted guilt he got a third off! He can now go back to work, enjoy time with his girlfriend and family and carry on with his life as though nothing happened as beleive me when it happened (I was there) he had no compassion , didnt even help me at the scene as my husband was very seriously injured and all he was bothered about was himself! Is this justice??

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pollyanne profile image
pollyanne
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22 Replies
bikerlifestyle profile image
bikerlifestyle

no it is not justice at all, in the eyes of the law he has been punished and that's that, unfortunately the reality of his actions do not affect him, whereas we have to live the rest of our lives like this because of it.

the driver who hit me didn't get prosecuted in any way

i do feel bitter about it

but if we let that bitterness overwhelm us then we lose again, so i know its easier said than done, but dont give this scum bag any more of your valuable time or effort, hopefully what goes around dos come around and he is somehow paid back with karma

pollyanne profile image
pollyanne

Thanks bikerlifestyle- It's probably that it's 'raw' at the moment and I shall always remember him at the scene as completely selfish and looking after No 1! He lives nearby and if we see him it really will be like 'salt in the wound'. At least like you said he did get prosecuted and theres a lot more people on this site who never got any justice at all. I do normally beleive in Karma hence we shall see?

bikerlifestyle profile image
bikerlifestyle

i have never seen the person who caused mine, and i agree with you seeing him will be horrible, i dont think i could hold off not saying anything to him if it was me

ncmurphy1951 profile image
ncmurphy1951

totally shocking only thing i can think of is to see your mp asap

karenanne profile image
karenanne

I agree.would go see your mp.justice system is very unfair.my hubbies was knocked out in unprovoked attack and court case has been adjourned 3 times.me being main witness wanting it over and done with.thug was let out on bail after leaving hubby with serious head injuries and is no longer the partner and loving father we all knew.guy went on to break someone's jaw but still allowed to wander freely still going out drinking and causing trouble.so unfair and can sympathise with u.xx

it is totally unjust and unfair :{

If you wish to make official representation concerning an inadequate sentence in court that you make your application via the Attorney General's office.

If it makes you feel any better the bastard that brained me just before my 17th Birthday 46 years ago didn't even have to go to court - no charges, nothing.

The icing on the cake was that the solicitor we used to seek some compensation was bent and went to gaol. No compo and no punishment.

cat3 profile image
cat3

My son's head was used as a football in an unprovoked attack by four drunken youths. His girlfriend tried to cradle his head to protect him but was pulled away and held by one of the yobs. Like a miracle, a police car arrived and the gang were arrested on the spot......this probably saved his life as they were taking turns in kicking his head whilst he lay unconscious.

These yobs were bailed and then didn't show up in court. When I eventually spoke with the asst.chief constable I was told that no further action could be taken as none of them could be traced. The police had told me they had been to the homes of these people but received no reply.....what more could they do ? Justice ????

My son escaped with stitches and severe bruising but, ironically, the people who saved him from a much worse fate didn't follow through to punish his attackers.

I'm so sorry, pollyanne, for what you're going through and I do understand your fury at the inadequate penalty for such dreadful damage. xx

pollyanne profile image
pollyanne in reply to cat3

What animals can do this to another human being-at least we have the consolation that it was not intentionally malicious just reckless!- To be honest animals behave better and have more morals than some of the 'people' (loosely termed) that have inflicted injuries to a lot of the forum users and their families. I felt physically sick when i read the replies of how others sustained their injuries. Never mind prison and custodial sentence they should be made to work in hospitals and rehab centres

to see just what damage their moronic actions have done!

cat3 profile image
cat3 in reply to pollyanne

I agree absolutely. I find it frightening that we live amongst these 'people' who use extreme violence as casual amusement. And, as in many cases such as ours, the pathetic farce which passes for law and order.

Lubilu01 profile image
Lubilu01 in reply to cat3

I remember how the police were all revved up that night and described how they had been wanting theses guys for a while. However once there was no answer from their door a few weeks later, it was all too much trouble to bother with. I will never forget how scary that phone call was, thank god my bro was ok, probably like you say because for once the police were in the right place at the right time but how disappointing that they didn't see things through to a satisfying end and these thugs were just allowed to get away with it and probably do the same to someone else.

julieljs profile image
julieljs

We are facing something similar next week. Another driver drove into a car that two of my three children were travelling in. They both have now brain injuries to live with, aged 9 and 11. Our lives will never be the same since this accident. The case has been adjourned once, for 6 weeks, and most they can get is dangerous driving, possibly careless driving. This makes me so bitter, and am finding it very difficult to come to grips with. Don't think I ever will

pollyanne profile image
pollyanne in reply to julieljs

Unfortunately even with the higher charge of dangerous driving the maximum sentence the judge can give is 2 years, if they admit guilt they get a third off, then the sentence is reduced further once they are inside for good behaviour! by 50% in our case-it's unbeleivable! but unfortunately that is law until it is changed by statutes.The judge in our case was very sympathetic and explained all the above and told us to go to the MP! Good luck though even if they got 30 years it doesnt make things better. When the trial was over we did feel a bit of releif, that was another thing out of the way but now it's the ongoing insurance claim will go on years, as no doubt you will also have to endure and coming to terms with the injuries?

julieljs profile image
julieljs

This driver won't get sentencing, she already handed her licence in. Been told she will get a small fine. I will never come to terms with the injuries, and thinking what both children were like pre/accident just makes me angry and very upset about what has happened.

It's scary how unbalanced the world is, people quite literally get away with murder and other people, who are perfectly good human beings, lose people they love, become ill, and get a whole host of other horrors to deal with.

The hideous thing in your situation is that there isn't anything you can do about it really, you're just stuck with it. Don't despair just yet, you'll be surprised at what people are capable of in tight spots :)

fred57 profile image
fred57

A few years ago now i was on a night out with mates at a pub called the cowherds.One of my mates had some trouble,and i went to see what was happening and a good beating from four blokes,i had my head smashed about very badly.About a year later started getting cluster headaches.I have since had two operations on my head,and now have a very bad short term memory problem,i have also become very withdrawn and quiet not a very happy bunny.

trisi profile image
trisi

Col was punched and hit his head on concrete when getting off a tram. The thug had watched us all the way home as clearly seen on CCTV on the tram. The CCTV on the platform wasn't working so he got a minor charge of common assault as he claimed he was acting in self defence- I was with Col and he had no interaction with this lad at all prior to the punch!

We have just been told by the criminal injuries board that they will not pay compensation as Col was the agressor in this case! The police had assured Col they knew he had done nothing wrong but said if he pursued the case and pushed for a higher charge, the lad was 'going to go down the self defence route'. Col had been out of hospital (after 10 weeks) for less than a week at this stage, was not 'with it' at all and terrified of having to go to court so of course he agreed. We have appealed the CIB decision (as Col still cannot drive or work )but I am so confused as to why the police would tell us one thing and the Criminal Injuries Board another? Also why was the lad punished at all if Col was supposed to be the guitly party?

Col doesn't even know this yet (his siter in law is a legal rep so she's the contact for the criminal injuries). It will break his heart as he regularly says how glad he is that nothing he did or said contributed to this attack. Just don't know where to go to get justice, we asked for a copy of the police report but haven't received it- we just got the review/appeal form and are awaiting their response but I don't have a good feeling about this.

pollyanne profile image
pollyanne in reply to trisi

I would see a 'good' solicitor urgently!!(free initial first consultation then if they think you have good case will act on no win no fee basis) and get their advice and try and pursue a private action as you really need advice. Just the fact that he also already been charged and you are a witness must stand you in good stead and make sure you have copy of cctv as that was very important in our case. Good luck

headwayuk profile image
headwayukPartnerHeadway in reply to trisi

Hi trisi,

As pollyanne says, it would be a good idea to make the most of the free consultation from a solicitor to see if they could support you at this late stage.

You can find a list of personal injury solicitors on our website at headway.org.uk/legal-advice... and you should probably contact them as soon as possible given that your appeal is already lodged.

Best wishes,

Headway.

trisi profile image
trisi

it's actually the request for a review that has gone in so when we get that, i think we appeal and we will definately take advice then. Thanks so much for support and I will update you as I hear anything. We did ask to see CCTV when we were told of the common assault charge as the family weren't happy at all with the minor charge but we were told we couldn't see it! I have never had dealings with anything like this before so you tend to just accept things but now I am determined to fight for Col's sake

pollyanne profile image
pollyanne in reply to trisi

Hi Trisi

The cctv should be evidence( and the police generally tell you what is on it ) and your solicitor will be allowed to have it when the civil court case is over. You really need help and legal advice asap as things(evidence etc) could go missing plus you need 'someone on your side' protecting your interests and making sure that justice is done. It's impossible to do it alone and you really need the legal advice and recomendations -so make that initial appointment with a solicitor -as at least you will feel a lot better as to what direction you can go in.

Kady profile image
Kady

The law has no justice-only excuses to do less.

I'm very sorry....<3

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