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Author Topic: Traffic Officer's sentance quashed...  (Read 1320 times)

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JamesV6CDX

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Traffic Officer's sentance quashed...
« on: 11 June 2009, 16:28:52 »

A traffic officer jailed for dangerous driving, has had his prison sentence quashed by the Court of Appeal.

Sergeant Craig Bannister, 30, of Briton Ferry, was sentenced to five months in March after earlier being found guilty by crashing his car at 113mph.

He served 20 days before he was released on bail in April pending an appeal against conviction.

Three judges adjourned his conviction challenge, but ruled a custodial sentence should not have been imposed.

The Lord Chief Justice, Lord Judge, who was sitting with two other judges in London, said a fine should have been imposed instead.

Lord Judge told Bannister, who was present in the public gallery of the London court, that his appeal against conviction would be considered at a later date.

This was a case of an error of judgment by an extremely experienced driver

But he informed him: "We have quashed the sentence of imprisonment, so that means you will not go back to prison today."

The judges ruled that a "substantial" fine would have been the appropriate penalty following his conviction.

However, taking into account the fact that he had served time in jail, they imposed a "nominal" £50 penalty which will also be quashed if he succeeds in his conviction challenge.

Bannister, who qualified as an advanced police driver a month before the accident, was driving on the M4 near Swansea when his BMW 5 series spun out of control.

He suffered minor injuries when the car flew through the air on the night of January 13, 2008, after hitting water at 113mph.

'Exemplary' character:

At the original trial, Cardiff Crown Court heard that Bannister was stood down from an emergency call shortly before joining the motorway, but continued to drive at high speeds, reaching more than 120mph.

Bannister, who earned £35,000 a year as a traffic officer, was described as being of previous "exemplary" character and earned commendations for his work with South Wales Police.

During his trial he claimed his speed was appropriate for the weather conditions.

He admitted the crash was his fault but denied driving dangerously despite the heavy rain and spray, claiming he was trying to find a safe place to turn off his blue lights after being stood down.

Announcing the court's reasons for quashing the prison sentence, Mr Justice Owen said: "This was a case of an error of judgment by an extremely experienced driver.

"We do not consider that this was an offence that justified an immediate sentence of imprisonment. In our judgment the appropriate penalty would have been financial."


Source: BBC
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Lizzie_Zoom

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Re: Traffic Officer's sentance quashed...
« Reply #1 on: 11 June 2009, 16:37:21 »

Well I think it must be agreed that this officer showed very poor judgement and lacked common sense! ::) ::) ::)

He was so lucky not to have caused a fatility, then a continued prison sentance would have been a reality! ::) ::)

Not like a traffic officer down here in Kent in very odd circumstances.  A met unmarked police car, unknown to Kent Police, killed another driver near Tunbridge Wells whilst allegedly travelling at speed :o :o :o

Police traffic officers have to often travel at great speed in pursuit, and that is obviously always going to be a risky occupation no matter how well trained you are.  But there appears to be a few too many incidents where these officers forget their brief and exceed their operation limits.  This does the police's reputation no good at all! :( :(
« Last Edit: 11 June 2009, 16:38:49 by Lizzie_Zoom »
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Kevin Wood

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Re: Traffic Officer's sentance quashed...
« Reply #2 on: 11 June 2009, 16:39:13 »

So, 113 MPH is "appropriate for" heavy rain? You don't need to be an "extremely experienced driver " or "qualified as an advanced police driver" to realise that's a load of horse-doo. >:(

Kevin
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tunnie

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Re: Traffic Officer's sentance quashed...
« Reply #3 on: 11 June 2009, 16:44:26 »

he made a mistake? no one was hurt, driving a big rwd car in the wet at high speed is bound to cause problems.

Its a shame these guys get paid so little considering the responsibilities they have and what they have to deal with.
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sassanach

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Re: Traffic Officer's sentance quashed...
« Reply #4 on: 11 June 2009, 17:05:58 »

i seem to recall a biker who recently got jailed for 6 months for doing 100+ in north devon, he did not hit anyone either or crash. i would like to think that after this (assuming he remains a copper) that he will be assigned to other duties. >:(
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crazyjoetavola

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Re: Traffic Officer's sentance quashed...
« Reply #5 on: 11 June 2009, 17:14:40 »

Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.
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Andy B

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Re: Traffic Officer's sentance quashed...
« Reply #6 on: 11 June 2009, 17:19:10 »

Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.

Which is what p'''' Joe Public off when there is percieved to be 2 sets of rules. like 159mph on a motorway  ...... :-X
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Lizzie_Zoom

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Re: Traffic Officer's sentance quashed...
« Reply #7 on: 11 June 2009, 17:22:13 »

Quote
Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.

Which is what p'''' Joe Public off when there is percieved to be 2 sets of rules. like 159mph on a motorway  ...... :-X

Somebody talking about me again?! ::) ::) :D :D :D ;)
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Andy B

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Re: Traffic Officer's sentance quashed...
« Reply #8 on: 11 June 2009, 17:23:30 »

Quote
Quote
Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.

Which is what p'''' Joe Public off when there is percieved to be 2 sets of rules. like 159mph on a motorway  ...... :-X

Somebody talking about me again?! ::) ::) :D :D :D ;)

Click the  :-X         ;)  ;)  ;)  :y
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waspy

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Re: Traffic Officer's sentance quashed...
« Reply #9 on: 11 June 2009, 17:25:09 »

Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.


Unless you're a copper. Mark Milton comes to mind.
As said before & will be said again & again- RULE FOR ONE & NOT THE OTHER
« Last Edit: 11 June 2009, 17:25:36 by waspy »
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Lizzie_Zoom

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Re: Traffic Officer's sentance quashed...
« Reply #10 on: 11 June 2009, 17:27:41 »

Quote
Quote
Quote
Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.

Which is what p'''' Joe Public off when there is percieved to be 2 sets of rules. like 159mph on a motorway  ...... :-X

Somebody talking about me again?! ::) ::) :D :D :D ;)

Click the  :-X         ;)  ;)  ;)  :y

Right Andy. :y :y  Yes I remember that case. The 60 mph in a 30 mph worried me more than the 159 mph on a motorway. ::) ::)  What car was he driving for 159 mph? :-?  BMW? :-/ :-/ 
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waspy

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Re: Traffic Officer's sentance quashed...
« Reply #11 on: 11 June 2009, 17:30:32 »

Quote
Quote
Quote
Quote
Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.

Which is what p'''' Joe Public off when there is percieved to be 2 sets of rules. like 159mph on a motorway  ...... :-X

Somebody talking about me again?! ::) ::) :D :D :D ;)

Click the  :-X         ;)  ;)  ;)  :y

Right Andy. :y :y  Yes I remember that case. The 60 mph in a 30 mph worried me more than the 159 mph on a motorway. ::) ::)  What car was he driving for 159 mph? :-?  BMW? :-/ :-/ 

He was trying out his new Vectra
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crazyjoetavola

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Re: Traffic Officer's sentance quashed...
« Reply #12 on: 11 June 2009, 17:31:43 »

Quote
Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.

Which is what p'''' Joe Public off when there is percieved to be 2 sets of rules. like 159mph on a motorway  ...... :-X
4559173


....that is precisely my point Andy, such speed on open public roads can never be justified and when these judgements are made, it is quite reasonable for people to take the view that a dual enforcement police exists :y
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Lizzie_Zoom

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Re: Traffic Officer's sentance quashed...
« Reply #13 on: 11 June 2009, 17:32:30 »

Quote
Quote
Quote
Quote
Quote
Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.

Which is what p'''' Joe Public off when there is percieved to be 2 sets of rules. like 159mph on a motorway  ...... :-X

Somebody talking about me again?! ::) ::) :D :D :D ;)

Click the  :-X         ;)  ;)  ;)  :y

Right Andy. :y :y  Yes I remember that case. The 60 mph in a 30 mph worried me more than the 159 mph on a motorway. ::) ::)  What car was he driving for 159 mph? :-?  BMW? :-/ :-/ 

He was trying out his new Vectra

Was he Pete?  Seriously?  How can a Vectra get to that.................... and not fall apart? ::) ::) :D :D ;)
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crazyjoetavola

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Re: Traffic Officer's sentance quashed...
« Reply #14 on: 11 June 2009, 17:33:17 »

Quote
Quote
Quote
Quote
Quote
Quote
Based on the text you have published James I consider this to have been a very poor judgement which will have negative effects on the public's esteem for the constabulary.

Such speed, having regard to the reported conditions, can never be considered safe - irrespective of the level of driver competence.

All officers should remind themselves that when abiding by 'big boys rules' sometimes the outcome does not lie in their favour.

A very harsh example should always be made of those who push the boat out quite unnecessarily.

Which is what p'''' Joe Public off when there is percieved to be 2 sets of rules. like 159mph on a motorway  ...... :-X

Somebody talking about me again?! ::) ::) :D :D :D ;)

Click the  :-X         ;)  ;)  ;)  :y

Right Andy. :y :y  Yes I remember that case. The 60 mph in a 30 mph worried me more than the 159 mph on a motorway. ::) ::)  What car was he driving for 159 mph? :-?  BMW? :-/ :-/ 

He was trying out his new Vectra


....which is another reason he shouldn't have been driving at that speed Pete :y
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