General Chat

Crash victim's court anger


Bret Canny with his mum Anette at the spot where the crash happened. (You should see the huge scar down his leg, poor chap. LIz)
DAVID BALE
21 November 2009 13:00



A 23-year-old moped driver who is in a wheelchair and still cannot walk after being run over by an elderly driver said he felt let down by the justice system after the woman was fined just £115 in court this week.

Bret Canny, from Coltishall Lane, Horsham St Faith, was driving a moped near his home at about 8.20am on August 5 when a car driven by Barbara Steventon failed to give way at a crossroads and pulled out in front of him causing the crash.

He suffered a broken right leg and multiple fractures to both legs, severed arteries, internal bleeding, and had plastic surgery during one of four operations at the Norfolk and Norwich University Hospital in the three weeks he spent there following the crash.

He has been off sick from PC World in Norwich since the crash, but the company has kept his job open.

On Monday Mrs Steventon, 80, from The Warren, Horsham St Faith, who had admitted driving without due care and attention at an earlier hearing, escaped a driving ban when Norwich Magistrates' Court heard her age had no bearing on the accident and she will not need to resit her driving test.

She was fined £100 plus a £15 victim surcharge and ordered to pay £35 costs. She had four points put on her licence.

Bret's mother, Annette Canny, 51, who owns the Heaven Scent flower shop in Horsham St Faith, was in court and said afterwards: “She's literally got away with causing the collision that has changed all of our lives forever.

“I think at the very least she should have to resit her driving test. The fine of £100 and four points on her licence makes a mockery of the law and is completely absurd. I am appalled.”

Following the crash, Mr Canny also suffered short-term memory loss, compartment syndrome leading to a double fasciotomy, a surgical procedure carried out when the limb swells so much that nothing can flow through the muscles and they begin to get strangled and die, MRSA and psychological trauma.

He said: “I'm deeply upset by the whole thing, but also very angry. I'm starting to feel completely alone and unrepresented. I need to live the six months of my life that she's taken.

“I need to not have the crippling arthritis I've been told I'll have by 30. I need to not be in constant agony and not live my life in a wheelchair.

“I'm just feeling completely let down by the whole justice system. I feel more like a victim now than I did on the day of the crash.

“The one thought that put my mind to rest through my treatment was that at the end of it she would be off the road. But that's not happened, and I can't express the devastation that woman, and the outcome of her case, has caused.”




I was surprised when I saw the report of the accident and the woman's court case recently and wondered how she got away with the small punishment and being allowed to continue driving. She is obviously not safe to be on the roads and this poor chap has suffered and probably will continue to suffer lots more pain and inconvenience, etc etc The woman should do the right thing and give up driving voluntarily. I hope the lad can claim off her insurance for loss of earnings, pain and suffering etc etc It's scandalous that he has been left like that and she gets away almost scotfree!

Lizx

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Hi Liz,
The law is definitely an A**.
Seems it's the same sort of fine whether a person receives cuts & brises or is crippled and in pain for life!

I know of a young woman who has, 3 times driven into the back of cars - strikes me she isn't driving with due care and attention - the police have never been called. She just exchanges insurance details and daddy foots the bill.
When a friend questioned her about her lack of driving skills, her response was 'It's not that important - the police have never been involved!'
With people like her on the road, I'm glad I don't drive.

A couple of young lads drove into the back of my friends car once - it was an old citreon, built like a tank - and just a small nudge. Friend was about to replace it, so didn't bother getting insurance details, just waved his hand. The lads looked relieved.
Their smiles turned to looks of anguish as we drove off - taking their bumper with us!! It had got caught on the tow bar!! LOL

Hi all :)

I'm just wondering whether people feel so strongly about this because of the age of the driver?

I feel strongly about it because a person has had their life ruined and, apparently it's worth £150 and 4 points!
If I went up to a stranger in the street and caused that amount of damage to them I think I'd get more than a £150 fine!

Or maybe not.

As for the drivers age, in a lot of European countries drivers over 70 have to have a 3 year 'MOT' - health check, eye test etc - and it's free! Not only is this a safety factor for other road users - it may save the driver from killing themselves.
I know when this was mooted in this country, they wanted to charge - which makes you feel it wasn't so much for the benefit of road users - more another money grabbng scheme.

Wouldn't the driver's insurance cover medical costs? I presume her insurance premiums would rise significantly the following year.

Out of interest, does this fine mirror similar fines for similar offences?

Maggie, you may well be right but surely there would be an administrative cost for retesting people? However, the benefit of safe drivers on the road should out way the cost of testing.

Medical costs are free - the NHS (ie we the public) pay.

Not sure whether he would come under the criminal Injuries compensation board for future needs - aids to help him live a life etc - probably not a 'driving without due care and attention' isn't considered a criminal act - nomatter how much damage is done!.

Fines can vary - they can be as much as £5000, so a fine of £150 is pretty derisory.

sorry Maggie I meant that I assume that PC world could claim from the insurance the days that he has been off sick.

I wouldn't have thought that PC world could claim anythng off the driver - it only indirectly affects them. Whether they keep the victim on or not is totally up to them.

Also, firms have their own sick pay rules etc.
Even though PC world have held his job open, this doesn't mean they are paying him!

Unfortunately this is the way the law operates, but it is still a sad state of affairs.

Courts have held that a person will have driven ‘without due care and attention’ if his driving has departed from the standard of care and skill that would, in the circumstances of the case, have been exercised by a reasonable, prudent and competent driver. Whatever penalty is imposed would seem to be based on the level of inattention, not the consequences, so the condition of the injured victim has little bearing.

One can only assume that the police felt there was insufficient evidence to bring the far more serious case of Dangerous Driving, which would have, no doubt been vigorously defended by the lawyers who would have tried to show that the injured victim was actually the cause.

I may be wrong but I doubt if the Criminal Injuries scheme would even entertain this. The only recourse would be against the accused, or her insurance for loss of earnings, that's assuming PC world haven't been making sick payments. I can't see PC World getting involved in making claims either.

I feel angry that the punishment is not enough considering the pain and upheaval the accident caused to the victim, because a driver didn't take enough care when at a crossroads. It's happened to me sometimes that drivers do not stick to the rules and also don't indicate so you think they are going straight over and then they turn off or vice versa.
I would hope this woman stops driving now before she kills a roaduser or herself or passengers. She is obviously not going to become a better driver now, altho I would be angry about the results even if she was a young driver.
It's obvious the lad will suffer for a long time and as he gets older too may develop related problems as suggested, like arthritis by the time he is 30 and he may well be nervous about driving or using a moped etc.

I hope he makes a good recovery and her insurance company pay out for his pain and suffering.

Lizx