Death crash pensioner’s curfew
The pensioner who fatally injured a man in an electric wheelchair in a Christmas Eve road crash has been sentenced to a four-month curfew.
David Bailey (72), of Roman Bank, Long Sutton, was ordered to remain at home between 7pm-7am when he appeared at Boston Magistrates’ Court.
Bailey was also banned from driving for a year and ordered to take an extended driving re-test before he is allowed to have his full driving licence again.
Bailey last month admitted causing the death of partially-sighted Multiple Sclerosis sufferer Ian Clarke (59).
He had been crossing London Road, Long Sutton, at about 10.30am with his wife by his side when Bailey’s Kia Sorrento hit him in the road.
Bailey said after the crash that he didn’t see Mr Clarke, who was thrown from his wheelchair and died on January 11 in hospital.
Presiding magistrate Eileen Ballard said: “We fully recognise that there is nothing the court can do which could reconcile the family of the deceased victim to their loss – it’s neither possible to restore human life nor measure its loss by any sentence the court is able to impose.”
Members of Mr Clarke’s family were in court to listen to the resumed hearing, which had been adjourned for a probation report.
Shelley Wilson, prosecuting, said the Clarkes would have taken nine seconds to cross the road – and then paused for nine seconds – so the court could judge the precise time, she argued, that Bailey would have had to react.
She said the Clarkes and their dog would have presented “a fairly large shape” in the road, but Bailey didn’t see them and his standard of driving fell below that of a “reasonable and prudent motorist”.
In mitigation, Mike Alexander said Bailey offered his sincere condolences to the Clarke family and, while he accepted they had suffered immensely from Mr Clarke’s tragic death, he too had to shoulder the burden of knowing that he was responsible for his death.
In addition to the curfew order, Bailey was ordered to pay £85 costs and a £60 victim surcharge.