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Texting van driver loses sentence appeal Texting van driver loses sentence appeal
(35 minutes later)
A van driver who was jailed for killing a cyclist while texting has lost his appeal to have his sentence cut.A van driver who was jailed for killing a cyclist while texting has lost his appeal to have his sentence cut.
Father-of-two Lee Martin, 48, was in an organised cycling event when he was hit by Christopher Gard's van on the A31 near Bentley, Hampshire in August 2015.Father-of-two Lee Martin, 48, was in an organised cycling event when he was hit by Christopher Gard's van on the A31 near Bentley, Hampshire in August 2015.
Gard had been jailed for nine years for causing death by dangerous driving. He had seven previous convictions for using a phone at the wheel.Gard had been jailed for nine years for causing death by dangerous driving. He had seven previous convictions for using a phone at the wheel.
Mr Martin's family said they were "outraged" the appeal had been made.Mr Martin's family said they were "outraged" the appeal had been made.
Gard was also banned from driving for 14-and-a-half years when he was jailed on 5 September by a judge at Winchester Crown Court.Gard was also banned from driving for 14-and-a-half years when he was jailed on 5 September by a judge at Winchester Crown Court.
His trial heard he was sending a text about a dog walk immediately before the fatal crash on 12 August 2015.His trial heard he was sending a text about a dog walk immediately before the fatal crash on 12 August 2015.
The 30-year-old from Alton had seven previous convictions for using a phone at the wheel.The 30-year-old from Alton had seven previous convictions for using a phone at the wheel.
'Russian roulette' Dismissing the appeal, Mr Justice Edis said Gard had "a truly extraordinary criminal driving record".
Dismissing the appeal, Mr Justice Edis said that Christopher Gard had "a truly extraordinary criminal driving record".
He said: "Most rational people would have modified their behaviour for their own sake or for their potential victims.He said: "Most rational people would have modified their behaviour for their own sake or for their potential victims.
"He did not care about the danger he presented, he simply placed his own wishes ahead of the lives of others.""He did not care about the danger he presented, he simply placed his own wishes ahead of the lives of others."
After the initial sentence, the Martin family criticised courts for failing to ban Gard from the road at prior hearings. 'Russian roulette'
Speaking before the appeal hearing, Mr Martin's brother Darrell, who has campaigned on the issue of texting drivers, said the use of phones while driving had reached "epidemic proportions". After the initial sentence, Mr Martin's family criticised courts for failing to ban Gard from the road at prior hearings.
He said: "Our family are outraged that such an appeal has got to this stage. The bloke was playing Russian roulette with everyone in the country - it could have been anyone he smashed into. His brother Darrell, who has campaigned on the issue of texting drivers, said it was "a relief" the original sentence had been upheld.
"Lessening the sentence would give the wrong message to other people who'd be willing to commit the crime. "It sends a signal that using a phone at the wheel can cause deaths, and it's a benchmark that strongly shows the original trial judge was correct.
"Only through a campaign of education, backed by prohibitive sentences supported by immediate bans for use of phones at the wheel, will this problem be reduced in the way that drink driving has been in the past." "The bloke was playing Russian roulette with everyone in the country - it could have been anyone he smashed into.
"Lessening the sentence would give the wrong message to other people who'd be willing to commit the crime."
Causing death by dangerous driving carries a maximum penalty of 14 years in prison.Causing death by dangerous driving carries a maximum penalty of 14 years in prison.