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| Version 1 | Version 2 |
|---|---|
| Texting van driver loses sentence appeal | Texting van driver loses sentence appeal |
| (about 3 hours 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 the 30-year-old from Alton was sending a text about a dog walk immediately before the fatal crash on 12 August 2015. | |
| Dismissing the appeal, Mr Justice Edis said Gard had "a truly extraordinary criminal driving record". | Dismissing the appeal, Mr Justice Edis said 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." |
| 'Russian roulette' | 'Russian roulette' |
| After the initial sentence, Mr Martin's family criticised courts for failing to ban Gard from the road at prior hearings. | After the initial sentence, Mr Martin's family criticised courts for failing to ban Gard from the road at prior hearings. |
| His brother Darrell, who has campaigned on the issue of texting drivers, said it was "a relief" the original sentence had been upheld. | His brother Darrell, who has campaigned on the issue of texting drivers, said it was "a relief" the original sentence had been upheld. |
| "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. | "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. |
| "The bloke was playing Russian roulette with everyone in the country - it could have been anyone he smashed into. | "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." | "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. |