Death crash driver wins cut in curfew
A?man whose careless driving caused the death of a gifted musician from a village near Bridgnorth, who was struck down on his vintage motorbike, has had his curfew order halved by top judges.
Bernard Francis Morgan was convicted of causing death by careless driving at Shrewsbury Crown Court in March following the tragic death of 52-year-old David Kemish.
Mr Kemish, a popular local figure and talented musician, was struck by Morgan while riding the 1951 BSA motorbike he had bought just days before the July 2011 tragedy. He was hit by Morgan's passing car on a road near his home in Ditton Priors.
Prosecutors said the accident happened as Morgan was turning a corner at a slow speed, but failed to spot the motorcyclist.
The sentencing judge said Morgan, normally a careful man, was guilty of catastrophic "momentary inattention" which cost an innocent man his life.
He sentenced Morgan, of Churnet Grove, Wolverhampton, to a 12-month electronic curfew, running from 8am to 6pm, adding that he would have ordered him to carry out unpaid work but for his fragile health.
Morgan was also ordered to pay £2,400 prosecution costs and banned from driving for 12 months.
But his case reached London's Appeal Court yesterday as he successfully challenged the curfew order.
Lady Justice Hallett, sitting with Mr Justice Ouseley and Mr Justice Foskett, accepted his legal team's arguments that the 12-month curfew was "unlawful" because the maximum allowed was six months.
"Accordingly the court has no option but to quash the sentence passed and substitute six months' electronically monitored curfew as a requirement of the community order," concluded the judge.
Morgan had been looking for a business address when his 4x4 struck the vintage motorbike of Mr Kemish, who died the following day in hospital.
He was described by his family as a "gifted musician who packed a lot into his life". He had retired as a mechanical engineer to spend more time playing music and pursuing his other hobbies.
