Biker jailed.... Wots your opinions...

Discussion in 'Lounge' started by just_me _and _me _bike, Oct 21, 2013.

  1. just_me _and _me _bike

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    A MOTORCYCLIST has been jailed for causing the death of his pillion passenger after the bike they were riding hit the back of a car.

    Shaun Southgate had denied causing the death of mum-of-three Ailson Wilson by careless driving but was found guilty by an 11-to-one majority at Warwick Crown Court last month.

    Following an adjournment for a pre-sentence report to be prepared, Southgate, 45, from Wellingborough, was jailed for 20 months and banned from driving for three years.

    Southgate and Miss Wilson, in her 30s, were riding his Triumph Trophy on the A435 near Mappleborough Green, Warwickshire, on March 31 last year when it collided with a slowing Renault Clio.

    Prosecutor Gary Short said the accident happened after the Clio driver, student Emily Davenport, reduced speed as the road narrowed.

    She did so “perfectly properly” by lifting her foot gently off the accelerator, so no brake lights came on.

    “He saw her, but did not realise she was slowing down. There was ample time and circumstances for him to see she was slowing, but he didn’t,” said Mr Short.

    The bike clipped the offside rear wing of the Clio.

    Both Southgate and Miss Wilson were seriously injured and rushed to hospital, where she died in the early hours of the following morning.

    It was not suggested Southgate had been speeding at that moment but it was pointed out he had just covered over 60 miles in 52 minutes.

    Mr Short pointed out that at the time Southgate was on licence from a three-year sentence imposed at Northampton Crown Court in 2010 for offences including arson after he assaulted his then-partner and set fire to clothes on her canal boat home.

    Asking the judge to consider suspending the sentence, Toby Long, defending, said: “What happened on this day, notwithstanding the criminal liability of Mr Southgate, was an accident. It was something which no-one wanted to happen.”

    Judge Sylvia de Bertodano pointed out that Southgate had done the journey up to that point at an average of 75mph, and said: “There is no evidence you were speeding at that time, but you made a serious misjudgement.

    “The fact is that for the conditions on that road, you were going too fast and hit her car with devastating results...

    "I am sure you are very sorry about what has happened, and of course I know you did not go out that evening intending anyone any harm. I know you have struggled with your sense of loss and also with your own very serious injuries.”

    Sounds to me like this guy was ( imo ) was speeding( just look at the distance covered in short amount of time, n due to that speed n probably poor judgement didnt realise the clio had slowed down, surely there would have been signs well before the location of the accident advising of the lanes narrowing???
     
  2. SIDEWAYS

    SIDEWAYS Senior Member

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    Pushing on with someone on the back through the lanes is a defo no no.Extra weight,tyre pressures and suspension to the max and extra long distance to stop is why you cannot do it. It is bad enough without a pillion to take risks through the lanes.
    Judging it I'd say they judged it about right.The family of the girl were probably after justice too.Accidents happen but when carrying pillions,you have to take a responsible approach to your riding.
     
  3. Island Rider

    Island Rider New Member

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    tragic to be honest
     
  4. abv

    abv Active Member

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    Not sure about this, very difficult from the limited info we get. The jury would have had more info.
    They don't say anything about road conditions at the time for example.

    If you look on Google maps you can see the police sign asking for info and flowers tied to a tree which is a bit macabre. The road goes from a dual-carriageway to single carriageway so prior to the accident the speed limit was 70mph dropping to 60mph so and average of 75mph is nothing unusual. I'd say most traffic cruises around 80mph on dual-carriage way. Doesn't sound like a serious case of speeding.

    The sentence will have been decided by the judge again taking more info into account than we have access to. First reaction is that it feels a bit harsh but I agree you have a responsibility to your pillion.

    I'm not overly comfortable with the consequences of what would otherwise be a minor offence elevating it to a much higher offence.
    We all make careless mistakes from time to time and most of the time there are no consequences.

    If he had made exactly the same mistake and had the same accident but, by luck, they both had minor injuries would or should he have been jailed ?
     
  5. martinowen

    martinowen Moderator
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    I think he its a bit OTT, there was no excessive speed and he is most probably already serving a life sentance (mentaly) feeling responsible for the death of his friend/girlfriend.
    Also for all we know she may have been the cause of the crash who knows
     
  6. sinewave

    sinewave God Like

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    The huge responsibility to a Pillions safety is the reason I never carry one and never will, outside of a mate braking down on a ride out that is when needs must.
     
  7. Island Rider

    Island Rider New Member

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    Same reason i wont carry my son other than a 10mph round the block spin
     
  8. martinowen

    martinowen Moderator
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    The slowest crash I ever had was aprox 10mph, I broke nearly every bone, died and was revied, bleed in head, took 2 years too learn to walk again and I'm still not perfect.
    My crashes at 120 and faster I came out with gravel rash lol

    Slow Speed is not all ways safer ;)
     
  9. just_me _and _me _bike

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    I rarely carry a pillion, if i do its the Mrs. I will not n dont ride as fast, wont ride in a group due to my groups mentality to speed, ( yes i know i dont have to speed to but it does creep in ) try to be smooth with my progress n braking and looking more closely at dangers up ahead, as its not only my life, its my pillions life in my hands and they have no control whatsoever over anything.

    I have more longer stops to, so we can chat and it gives her a break off the bike n have a look round tat shops if we r down the cotswolds, so i wudnt be covering the same mileage either as blasting on my own.

    On my own i ride to my ability as its my life only im risking, but thats my choice.
     
  10. just_me _and _me _bike

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    Sum1 gor stopped in Birmingham the other day by the cops, the guy had picked up his daughter from school, i believe she was around 10 yrs old nwas wearing skool uniform, ie: skirt, jumper / jacket, no gloves but did have a helmet.

    The cops tweeted the pic as the rider was just given advice, and for sure there was outcry from alot of the biking forums, accusing the cops of overkill, they only stopped him to advise him of the dangers as the little girl, even though she had legs that cud reach the pillion pegs, they were turn up and she was just about holding on, im sure it was in visordown as well, now with these crappy attitudes some bikers have, no wonder the above incidents happen!!

    And this guy is a clown, how much protection is a 10 yr old child gonna get from a skool uniform of skirt n jumper??!!!!
     
  11. just_me _and _me _bike

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    Sum1 gor stopped in Birmingham the other day by the cops, the guy had picked up his daughter from school, i believe she was around 10 yrs old nwas wearing skool uniform, ie: skirt, jumper / jacket, no gloves but did have a helmet.

    The cops tweeted the pic as the rider was just given advice, and for sure there was outcry from alot of the biking forums, accusing the cops of overkill, they only stopped him to advise him of the dangers as the little girl, even though she had legs that cud reach the pillion pegs, they were turn up and she was just about holding on, im sure it was in visordown as well, now with these crappy attitudes some bikers have, no wonder the above incidents happen!!

    And this guy is a clown, how much protection is a 10 yr old child gonna get from a skool uniform of skirt n jumper??!!!!
     
  12. Island Rider

    Island Rider New Member

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    Jeez mate, all that at 10mph crash?!!!!

    Will have to re-think about taking my son...but we are literally talking about 100m in a circuit around a quite road in front of my house..he is on for less than 60secs
     
  13. just_me _and _me _bike

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    They do say alot of accidents happen not to far from home, alot to do with being more relaxed as the roads r familiar so you drop your guard.
     
  14. martinowen

    martinowen Moderator
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    Was hit by a car also doing aprox 10mph and just the freak awkward angle we collided that through me and the bike up and over the car!
    Onviously chances of that happening again is very slim but not impossible.

    I don't take pillions as I find it spoils my ride and I don't like the extra risk/resposibilitly

    Plus certan confidence issues since the accident which are hard enough with just me riding lol
     
  15. Island Rider

    Island Rider New Member

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    Glad your back to ok mate, this has made me think a lot about taking my boy again :(
     
  16. martinowen

    martinowen Moderator
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    Sorry mate didnt mean to put you off, like I said chances of that happening again is very slim
     
  17. Island Rider

    Island Rider New Member

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    My wife and my mom, well all my whole family tbh, worry every time im out on my bike....yesterday went out with my mates at 1.30pm and came back at 5.30pm....my mum was close to calling the cops to say im missing!, she worries so much.....yet im 31!......so if anything happened to me whilst on my bike I could live with that, but if my boy was on the back and something happened...could i live with it? most likely no :(
     
  18. martinowen

    martinowen Moderator
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    It's one of them things I suppose, my boy is only 3 and loves bikes, he's never been on one apart from just a sit but he really does love them.
    There will come a day when he will want one and that scares me to be honest. I hate the thought and risk of him getting one but can I really sit there and say you can't have one then go out for a ride?
     
  19. martinowen

    martinowen Moderator
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    I see this all the time dad in full leathers with kid on back in trackys trainers and hoodie or the mrs with leggings and slipon shoes!
    I know it's not law etc but the ridders in full gear so they obviously know the risks
     
  20. abv

    abv Active Member

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    Mrs on the back is one thing, at least they're an adult who can make their own decisions. Taking a kid on the back without basic protection is shocking.
     

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