Apparently, Brandy was not using her mobile at the time of the accident. Anyway, I came across this article today in the british news paper, The Daily Mail. .
Drivers who kill while on the phone may escape prison
By STEVE DOUGHTY -26th January 2007
Drivers who kill while on the phone could be spared jail
Killer drivers who run down their victims while talking on a mobile phone should escape jail, the government's sentencing advisers declared yesterday.
They said any driver who takes a life because of carelessness or selfishness should get no more than a 'community' punishment.
Those who kill while driving without a licence, disqualified or uninsured will also be spared prison under the proposed sentencing regime.
The rules, put forward by the Home Office-run Sentencing Advisory Panel, would operate under laws on killer drivers coming into force later this year.
They bring in the offence of causing death by careless driving. This is meant to ensure those whose driving falls short of dangerous driving will still have their crimes treated more seriously in court.
The offence, which covers using a mobile, speeding, eating, drinking or applying make-up at the wheel, carries a maximum sentence of five years.
Yesterday motoring organisations and victims' groups accused the panel of undermining Parliament's intentions.
Road safety charity Brake called the proposals 'horrifying' and added: 'This will restore the current situation in which bereaved families get no justice and drivers who have killed get no punishment.'
The RAC Foundation said: 'This sentencing pattern may leave families still feeling that the courts have not recognised their loss.'
The Sentencing Advisory Panel - which reports to the Sentencing Guidelines Council led by Lord Chief Justice Lord Phillips - published its plans in a consultation paper yesterday.
If endorsed by the council, courts are likely to start using the guidelines by the end of the year.
The panel said it recognised that Parliament had intended to increase sentences in last year's Road Safety Act.
But it insisted that the courts must also recognise that careless drivers carry a low degree of guilt.
As a result, it said that in a typical case a driver guilty of the new offence should get a community sentence.
If there is an aggravating factor - for example a driver using a mobile while overtaking carelessly - the punishment may still not go over the 'custody threshold', the panel said.
Its advice said: 'The sentences we are proposing may be criticised by the deceased's family and others.
'The sentence will inevitably seem low if compared only with the magnitude of harm done by the offender.'
It added: 'A sentencer may need to take account of the fact that an offender is guilty of no more than a momentary lack of attention, albeit with devastating consequences.'
The proposals will infuriate ministers pressing for tougher punishments. This week Transport Minister Douglas Alexander introduced penalty points and £60 fines for those caught using a mobile while driving.
Drivers who kill while on the phone may escape prison
By STEVE DOUGHTY -26th January 2007
Drivers who kill while on the phone could be spared jail
Killer drivers who run down their victims while talking on a mobile phone should escape jail, the government's sentencing advisers declared yesterday.
They said any driver who takes a life because of carelessness or selfishness should get no more than a 'community' punishment.
Those who kill while driving without a licence, disqualified or uninsured will also be spared prison under the proposed sentencing regime.
The rules, put forward by the Home Office-run Sentencing Advisory Panel, would operate under laws on killer drivers coming into force later this year.
They bring in the offence of causing death by careless driving. This is meant to ensure those whose driving falls short of dangerous driving will still have their crimes treated more seriously in court.
The offence, which covers using a mobile, speeding, eating, drinking or applying make-up at the wheel, carries a maximum sentence of five years.
Yesterday motoring organisations and victims' groups accused the panel of undermining Parliament's intentions.
Road safety charity Brake called the proposals 'horrifying' and added: 'This will restore the current situation in which bereaved families get no justice and drivers who have killed get no punishment.'
The RAC Foundation said: 'This sentencing pattern may leave families still feeling that the courts have not recognised their loss.'
The Sentencing Advisory Panel - which reports to the Sentencing Guidelines Council led by Lord Chief Justice Lord Phillips - published its plans in a consultation paper yesterday.
If endorsed by the council, courts are likely to start using the guidelines by the end of the year.
The panel said it recognised that Parliament had intended to increase sentences in last year's Road Safety Act.
But it insisted that the courts must also recognise that careless drivers carry a low degree of guilt.
As a result, it said that in a typical case a driver guilty of the new offence should get a community sentence.
If there is an aggravating factor - for example a driver using a mobile while overtaking carelessly - the punishment may still not go over the 'custody threshold', the panel said.
Its advice said: 'The sentences we are proposing may be criticised by the deceased's family and others.
'The sentence will inevitably seem low if compared only with the magnitude of harm done by the offender.'
It added: 'A sentencer may need to take account of the fact that an offender is guilty of no more than a momentary lack of attention, albeit with devastating consequences.'
The proposals will infuriate ministers pressing for tougher punishments. This week Transport Minister Douglas Alexander introduced penalty points and £60 fines for those caught using a mobile while driving.
