Pensioner given suspended sentence for killing motorcyclist near Boston, Lincolnshire

David Smith, 75, received an 18-month suspended sentence after pleading guilty to causing the death of motorcyclist Brian Smith, 62, near Boston in April 2024.

Suspended sentence for pensioner who turned into path of motorcyclist near Boston

A 75-year-old man has been handed a suspended prison sentence after pleading guilty to causing the death of a motorcyclist at a Lincolnshire junction, lincolnshireworld.com reports.

David Smith, of Horbling Lane, Stickney, was driving northbound on the B1138 Horncastle Road when he turned right across the path of Brian Smith's bright yellow Honda motorcycle at the junction with Pilleys Lane, near Boston, at around 2.45pm on 29 April 2024. Brian Smith, 62, died after sustaining multiple injuries when the motorcycle struck the passenger side of David Smith's Volvo.

Prosecuting counsel David Eager told the court that Brian Smith's motorcycle had been visible for more than 200 metres and for nine and a half seconds before the collision. "In crossing the road when he did this was careless driving, bordering on dangerous driving," Eager said. "The lack of observation is between seven and nine and a half seconds."

The prosecutor added there was no evidence that Brian Smith was in any way responsible for the collision and that he had been travelling within the speed limit. David Smith, by contrast, gave a prepared statement to police followed by a no-comment interview, and put forward the explanation that the motorcycle's speed had caused the crash.

Partner describes 'living hell'

An impact statement from Brian Smith's partner of three decades was read to the court. She described him as her "best friend" and said her life had become a "living hell" since his death. "The day when the police knocked on my door my whole world fell apart," she said. "I feel so lost and vulnerable. I have no interest now, I have panic attacks now. I am living in a daze."

She told the court she had regularly ridden as a pillion passenger with Brian, who had never previously had an accident. "Every time I hear and see bikes I am in bits," she added.

Judge: 'no sentence could put a value on the life of the deceased'

Passing sentence on Monday 7 September, Judge Simon Hirst at Lincoln Crown Court acknowledged that David Smith had no previous convictions and had suffered flashbacks and nightmares in the aftermath of the collision. In mitigation, the court heard there was no evidence that Smith had been driving carelessly before he attempted the fatal turn.

However, Judge Hirst identified it as an aggravating factor that David Smith had attributed blame for the accident to the deceased. "Brian Smith was visible from where you were stationary for over 200 metres and nine seconds," the judge told the defendant directly. He made clear that no sentence could reflect the value of a human life. "The impact of losing Brian Smith on his partner has been truly catastrophic," Judge Hirst noted.

The judge said he was just persuaded to impose a suspended term. David Smith was sentenced to 18 months' imprisonment suspended for two years. He was also subjected to a nightly curfew between 8pm and 7am for six months, banned from driving for 12 months, and ordered to complete an extended retest before he may drive again.

Police warn drivers to 'think bike'

Detective Sergeant Adam Doona of Lincolnshire Police's Serious Collision Investigation Unit said the collision resulted from David Smith failing to look properly before turning. "Brian Smith was there to be seen and had his headlight illuminated, so it remains a mystery as to why David Smith cannot recall seeing him approach," Doona said.

He added: "The importance of concentration, particularly when undertaking any manoeuvre that may bring you into conflict with other vehicles, cannot be overstated. It is important to always look twice and 'Think Bike'. David Smith's failure to properly observe the road ahead has cost Brian Smith his life. This shouldn't have happened and Brian's widow is left to face her future without him at her side."

Source: Google News UK — Crime (en)