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Justice (Lonpicman, Wikimedia Commons)Seven years' jail for driver who thought he'd hit wheelie bin when he killed cyclist
A driver who told police he thought he had hit a wheelie bin when he killed a cyclist has been sentenced to seven years in jail for causing death by dangerous driving.
Michael Rollason initially denied causing the death of Terry Brown, 47, on February 18 last year, but on the first day of the trial entered a guilty plea to the charge of causing death by careless driving.
During the trial the prosecution argued that should be found guilty of the more serious charge of causing death by dangerous driving.
The jury at Liverpool Crown Court agreed and returned a unanimous verdict this afternoon.
Judge Andrew Menary, QC, described Rollason’s behaviour as “callous and irresponsible” and said there was “precious little evidence of remorse”.
He said: “You demonstrated callous disregard for the welfare of the man you had hit.”
The Liverpool Echo reports that Mr Brown was riding along on the A57 Warrington Road, Bold Heath, when he was hit by a Rollason's Vauxhall Astra at 6.35am.
The force of the impact snapped his bike in two.
But Rollason, 39 did not stop, and spoke to his insurers about coverage for the damage to his car.
He told police he thought he had hit a wheelie bin and said that he could have been distracted by an air freshener hanging from his rear view mirror.
The court heard that Rollason has previous convictions for motoring and theft offences, including a drink-driving ban.
Simon Christie, prosecuting, said scene of the crash was a single carriageway, two-lane road with a 50mph speed limit, that, was “mainly straight and wide”.
Mr Christie said: “Terry Brown was riding his cycle entirely lawfully and properly when he was struck by a silver Vauxhall Astra driven by this defendant, who was travelling in the same direction.
“Mr Brown was wearing a helmet and high visibility jacket and had a red flash light on the cycle.
“He was riding entirely properly but there was a collision in which he was killed and his bike snapped in half and sent high into a nearby hedge.”
The court heard that after leaving the scene, Rollason rang his insurers.
Mr Christie said: “He lied to his insurance company. He said that the collision had happened the previous evening and that he had struck a wheelie bin. A complete lie.
“He chatted with the insurance company about his no claims bonus and whether he should claim for the windscreen and other damage.”
Rollason chose not to give evidence in his defence and offered the court no explanation for his actions.
Defending, Stephen Thomas said: “He admitted that he hit something but he can offer no explanation for it and I’m afraid even if he did give evidence in this case he would not have been able to take matters any further.”
Judge Menary said Rollason had a “bad record” with previous convictions including aggravated vehicle taking, drink driving, burglary and theft.
He said: “You struck the cyclist because of a gross level of avoidable distraction. No other sensible explanation is possible.
“I am satisfied there was a significant lapse in your attention on the road that day.
“Quite what caused that significant lack of attention remains a mystery.
“Only you know for sure what happened that day and why it was your car struck the cyclist on a long straight stretch of road when he was clearly there to be seen.”
Judge Menary banned Rollason from driving for eight years and ordered the confiscation of the Astra.
John has been writing about bikes and cycling for over 30 years since discovering that people were mug enough to pay him for it rather than expecting him to do an honest day's work.
He was heavily involved in the mountain bike boom of the late 1980s as a racer, team manager and race promoter, and that led to writing for Mountain Biking UK magazine shortly after its inception. He got the gig by phoning up the editor and telling him the magazine was rubbish and he could do better. Rather than telling him to get lost, MBUK editor Tym Manley called John’s bluff and the rest is history.
Since then he has worked on MTB Pro magazine and was editor of Maximum Mountain Bike and Australian Mountain Bike magazines, before switching to the web in 2000 to work for CyclingNews.com. Along with road.cc founder Tony Farrelly, John was on the launch team for BikeRadar.com and subsequently became editor in chief of Future Publishing’s group of cycling magazines and websites, including Cycling Plus, MBUK, What Mountain Bike and Procycling.
John has also written for Cyclist magazine, edited the BikeMagic website and was founding editor of TotalWomensCycling.com before handing over to someone far more representative of the site's main audience.
He joined road.cc in 2013. He lives in Cambridge where the lack of hills is more than made up for by the headwinds.
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23 comments
How many times have you seen a wheelie bin beside a road with a 50mph speed limit?
I agree with the point re leaving the scene, it should result in a charge of manslaughter. Could the rider have been saved if a paramedic was called immediately?
Plenty of times, most rural roads in my experience, seems to be a move towards 50 speed limits on rural roads rather than NSL.
What, one with a helmet, high visibility jacket and red flash light on it?
Surely some mistake?
The reprehensible behavior here is the 'hit-and-run' aspect. Any driver who leaves a scene of a collision where another party subsequently loses their life should be charged with manslaughter.
Even if we accept the idea that the defendant thought he had hit a wheelie-bin at speed, he couldn't be sure it wasn't actually a person that now needed his immediate help.
If anything makes me worry about being a vulnerable road user it is the idea of being involved in a collision and then being left-for-dead like this guy. RIP.
Well done CPS!
I thought driving bans were now served consecutively?
Either way, 8 years is laughably short. The custodial sentence is, for once, about right - but Michael Rollason has clearly shown that he is not competent to drive; at the very least he should be re-tested (once a year).
If any of you live in the area, I urge you to write to your MP (I'll be writing to mine, but it's not a local issue). This is one of the better cases in terms of the CPS response, but it still falls well short of protecting the general public from someone who is clearly a dangerous driver, and who should never be allowed behind the wheel again.
If you kill someone whilst being reckless in the medical profession you are struck off for life.
If you kill someone whilst being reckless as a teacher you are struck off for life.
If you kill someone whilst being reckless as a police officer you are struck off for life.
If you kill.....never mind, you get the point.
Why is driving any different? 7 year prison sentence seems just, but the fact that he'll likely be out in 4 years and nothing stopping him getting behind the wheel is absolutely terrifying.
I assume an 8 year ban on a 7 year sentence means that if he's let out after 3 years, then he still has a 5 year ban, so it does make some sense, but with that many convictions it should be a lifetime ban.
Frankly I'm astonished he could find anyone to insure him!
What makes you think he told his insurer about his past convictions?
IMO, if you kill or seriously injure someone when driving, and it's your fault, you should get a lifetime ban, whether it was "careless" or "dangerous"
"Hoon laws" in Australia has a 3 strikes and your car is crushed rule. I reckon this guy's car should be crushed... preferably with the piece of shit in it.
Final line of the article - 'Judge Menary ...... ordered the confiscation of the Astra.'
So part of the way there.
The only suitable punishment for this scum should be death, the death penalty as he effectively executed Terry Brown when he ran him down. Wheelie bin my arse! He should be doing 15 years in addition for perverting the course of justice and a life time driving ban. 7 years for this fucker is way too lenient. With his terrible driving history and total disregard for a fellow human being and the law he should be serving 25 years and 25 years proper. I hope he stays away from the roads when he gets out as they are dangerous places.
I rode this road this as part of a 4hr ride y day..
The chainy s.times pass it too..
Makes me wince..
Rip mate
#cardriverfkrs
Well done the CPS for having the bottle for taking this all the way. Shame we still have this callous disregard that allows criminals to plead at the last minute and gain an unfair reduction come sentencing.
Again we need an overhaul of the criminal justice system that means people cant change their plea within a set time. Given that Judge Andrew Menary, QC, described Rollason’s behaviour as “callous and irresponsible” and said there was “precious little evidence of remorse” he shouldn't be allowed any remittance for changing his plea at the last minute.
7 years for this and the drink driver got two. This one got a car seized and the other? 8 year ban v...
So both only really get 1 year driving bans.
Yes i know the two cases aren't really comparable, but both strike me as too soft. you have drivers who have deliberately ignored the law, and have destroyed the lives of others.
I guess a few maimings and deaths are just collateral loses.
92 previous offenses !
Rollason was a multiple repeat offender. He should never have been allowed to drive. The law failed to protect society and Terry Brown was the innocent victim.
How the hell can he say he thought a cyclist looked like a wheely bin? Do wheely bins roll along the A57 at 20mph?
He sounds like a very callous individual. I hope his life is ruined by an extended period in prison.
Why?
Yeah, your right he sounds like a lovely upstanding member of society, not the type to callously mow a human being down and leave them to die, alone in the road and lie about it.
Oh no just a minute, I've got that the wrong way round. Prison clearly doesn't work as a deterrent to killer motorists. I therefore, dam well hope it works as a punishment.
Let us remember this moment for one of the few times we've heard of the CPS going for it and making the more serious charge stick. Should be done for manslaughter as well looking at the facts of the case frankly.